Crawford v. Millspaugh
New York Supreme Court
THIS was an action of assumpsit, brought by the plaintiff, as Second endorsee, against the defendant, as second endorser of a promissory note, drawn by Charles Lindsey, for 700 dollars, payable to one Jackson, or order. The cause jvas tried at the Orange circuit, in September, 1815, before his honour the chief justice.
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THIS was an action of assumpsit, brought by the plaintiff, as Second endorsee, against the defendant, as second endorser of a promissory note, drawn by Charles Lindsey, for 700 dollars, payable to one Jackson, or order. The cause jvas tried at the Orange circuit, in September, 1815, before his honour the chief justice. The defendant pleaded, puis darrein continuance, that the plaintiff released Lindsey, the maker of the note, and' in support of the plea, produced, on the trial, the following writing : “ It being represented to me that0. Charles Lindsey is insolvent, I do hereby release him…
1Per curiam
It is evident, from the facts in this' case, that. the writing set up by the defendant, was made and executed 'some time after the note had become due; indeed, after the commencement of this action, and, consequently, at a period when the defendant was liable for the amount as endorser, so that, if this note, in the hands of the plaintiff, as endorsee, could even be considered, or treated, as a parol agreement, it appears that the promise, on the part of the endorser, was broken, and could not be discharged by a new agreement, without satisfaction, unless it be by deed. The writing upon which…
2Cited by10 opinions
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