Higgins v. Wright
New York Supreme Court
THIS action was "brought to recover from the defendant the sum of $210.50, with interest from the 1st of April, 1858. The plaintiff proved the following facts: In November, 1857, the plaintiff made his promissory note payable three months after date, to the order of one Oostigan, for $200. This note was in part for $75, legal services rendered to the plaintiff by Oostigan, and in part for the accommodation of Oostigan.
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THIS action was "brought to recover from the defendant the sum of $210.50, with interest from the 1st of April, 1858. The plaintiff proved the following facts: In November, 1857, the plaintiff made his promissory note payable three months after date, to the order of one Oostigan, for $200. This note was in part for $75, legal services rendered to the plaintiff by Oostigan, and in part for the accommodation of Oostigan. Oostigan indorsed, and afterwards John I. Burton became -the second indorser on the note, for the accommodation of Oostigan. Six months afterwards, on the 1st of April, 1858,…
1Opinion of the Court
*464 By the Court,
Millek, J.
The principal question in this case is, what was the effect of the release executed and delivered to Burton on the 6th of May, 1858 ? Did the assignment of the costs to Burton then enure for the benefit. of Higgins, or did they become vested in Oostigan and pass over to Werner, who was on the next day appointed receiver in the supplementary proceedings which had been previously instituted against Oostigan upon the judgment in favor of Cuyler & Henry ? The assignment of the costs by Oostigan to Burton was made to indemnify Burton as second indorser of the two hundred…
2Cases cited9 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Curtis v. TylerNew York Court of Chancery · 1842
- Parker v. BrowningNew York Court of Chancery · 1840
- Brownell v. HawkinsNew York Supreme Court · 1848
- Bank of Auburn v. ThroopNew York Supreme Court · 1821
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3Cited by4 opinions
- Keen v. BreckenridgeIndiana Supreme Court · 1884
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1897
- Kroner v. ReillyAppellate Division of the Supreme Court of the State of New York · 1900
- Read v. BraytonNew York Supreme Court · 1893