Dunham v. Gould
New York Supreme Court
THIS was a writ of error brought to reverse a judgment of the Supreme Court, in an action commenced in that Court by the plaintiff in error, against the defendant in error, as the endorser of a promissory note, dated the 8th of May, 1812, drawn by Matthias and William Ward, payable to the order.of the defendant, for 750 dollars, at 100 after dale, and which was one of twelve notes. (See Dunham v. Dey, 13 Johns.
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THIS was a writ of error brought to reverse a judgment of the Supreme Court, in an action commenced in that Court by the plaintiff in error, against the defendant in error, as the endorser of a promissory note, dated the 8th of May, 1812, drawn by Matthias and William Ward, payable to the order.of the defendant, for 750 dollars, at 100 after dale, and which was one of twelve notes. (See Dunham v. Dey, 13 Johns. Rep days J promissory A v 41. note.) The cause was tried before Mr. J. Platt, at the New-York sittings in June, 1816, when a verdict was found for the defendant, and a bill of…
1Opinion of the Court
The Chancellor.
The suit below was upon a promis • sory note, dated the 8th of May, 1812, fbr 750 dollars, payable in 100 days.
This note was one of twelve notes, given by M, $■ W. Ward to the plaintiff, and payable at different periods, the whole of them amounted to 9,000 dollars, and were all given at the same time. Instead of cash, the plaintiff gave in exchange for those notes, four notes of his own, amounting to the same sum of 9,000 dollars, payable at more distant periods. Upon this exchange of notes the plaintiff received a commission of 2 and 1-2 per cent., amounting to 225 dollars,…
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