Brewster v. Silence
New York Supreme Court
This was an action upon the guaranty of a promissory note. The note and guaranty were as follows: “ §140,00. By the first day of November next, I promise to pay to the order of John Thompson, at the Rochester City Bank, one hundred and forty dollars — value rece’d. with use. Geo. Silence. Rochester, April 18, 1848.” “ I hereby guarantee the payment of the above note. F. Silence.” The cause was tried at the Monroe circuit in October, 1849, before the Hon. Thomas A. Johnson.
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This was an action upon the guaranty of a promissory note. The note and guaranty were as follows: “ §140,00. By the first day of November next, I promise to pay to the order of John Thompson, at the Rochester City Bank, one hundred and forty dollars — value rece’d. with use. Geo. Silence. Rochester, April 18, 1848.” “ I hereby guarantee the payment of the above note. F. Silence.” The cause was tried at the Monroe circuit in October, 1849, before the Hon. Thomas A. Johnson. The jury found a special verdict, by which the execution of the note was ascertained; and that at the same time the note…
1Opinion of the CourtJohnson, J.
The guaranty upon which this suit is brought, was made and indorsed by the defendant upon the note, immediately after the making thereof, and before its delivery. There can be no doubt in this case, that the sale and delivery of the horses by the payee of the note, upon receiving the note and guaranty,,was mainly upon the faith of the guaranty. That formed the principal foundation of the credit. The case therefore presents the precise question whether a guaranty of the payment of the note of another, made cotemporaneously with the note and for a good and valuable consideration in fact, is…
2Cases cited1 opinion
- Hall v. Farmer & DoolittleNew York Supreme Court · 1848
3Cited by6 opinions
- Austin, Tomlinson & Webster Manuf'g Co. v. HeiserSouth Dakota Supreme Court · 1894
- Church v. BrownNew York Supreme Court · 1859
- Sackett v. PalmerNew York Supreme Court · 1857
- Brewster v. SilenceNew York Court of Appeals · 1853
- Mead v. CaseNew York Supreme Court · 1860
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