Livingston v. Hastie
New York Supreme Court
These were two actions brought by the endorsee of the same promissory note. The first was against Hastie & Patrick as makers; the second against Tyrie as endorser. The facts in each were these: Hastie had become bail in a suit by the United States, in the district court, and judgment had been obtained against him on bis recognizance. Being unable to pay it, the plaintiff (wbo was district attorney for tbe United States) agreed to take bis own note witb an endorser.
Read the full summary
These were two actions brought by the endorsee of the same promissory note. The first was against Hastie & Patrick as makers; the second against Tyrie as endorser. The facts in each were these: Hastie had become bail in a suit by the United States, in the district court, and judgment had been obtained against him on bis recognizance. Being unable to pay it, the plaintiff (wbo was district attorney for tbe United States) agreed to take bis own note witb an endorser. Hastie on this, without the knowledge and consent of his partner, drew the note, on which the present actions were founded, in…
1Opinion of the CourtLivingston, J.
The first question made in this cause regards the consideration of the note, and the other the liability of Patrick, the instrument having been made for the private debt of Hastie, and delivered to the plaintiff, who knew it was not given on a partnership account.
Whether the mere want of consideration, even between the original parties, can be alleged against a promissory note, or a bill of exchange, may well be doubted. It is not necessary, as in other simple contracts, to state a consideration in the declaration; the instrument itself imports ,one, and in this respect partakes of the…
2Cases cited8 opinions
- Gansevoort v. WilliamsNew York Supreme Court · 1835
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Catskill Bank v. StallNew York Supreme Court · 1836
- Wilson v. WilliamsNew York Supreme Court · 1835
- McGregor, Darling & Curtis v. ClevelandNew York Supreme Court · 1830
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Oakley v. BoormanNew York Supreme Court · 1839
- Gansevoort v. WilliamsNew York Supreme Court · 1835
- Livingston v. RooseveltNew York Supreme Court · 1809
- Laverty v. BurrNew York Supreme Court · 1828
16 more not listed; retrieve them via the Exa API.