Spies v. . Gilmore
New York Court of Appeals
On error from the supreme court. Adam W. Spies sued Robert Gilmore, John Jewett and George W. Jewett, in the superior court of the city of New-York, upon a bond given in a proceeding by attachment instituted by Spies against Gilmore as a non-resident debtor. The bond bore date October 20th, 1841, and was executed by Gilmore as principal, and by the other defendants as his sureties.
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On error from the supreme court. Adam W. Spies sued Robert Gilmore, John Jewett and George W. Jewett, in the superior court of the city of New-York, upon a bond given in a proceeding by attachment instituted by Spies against Gilmore as a non-resident debtor. The bond bore date October 20th, 1841, and was executed by Gilmore as principal, and by the other defendants as his sureties. The condition of the bond was such, that the plaintiff’s right to recover depended upon the question whether, at the time the proceeding was instituted, he was a creditor of the said Gilmore, and the facts relating…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] There are a few cases in the books which hold, in effect, that a written contract of one kind may be turned into a contract of a different kind, by parol proof concerning the intention of the parties; that the endorser of a promissory note may, under certain circumstances, be charged as maker or guarantor; and that the guarantor of a promissory note may sometimes be charged as maker or endorser. Although these cases stand upon no principle, it has been a work of…
2Cases cited1 opinion
- Taylor v. SnyderNew York Supreme Court · 1846
3Cited by9 opinions
- Witherow v. . SlaybackNew York Court of Appeals · 1899
- Central Trust Co. v. Louisville, St. L. & T. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1895
- Bird v. KayAppellate Division of the Supreme Court of the State of New York · 1899
- Weyand v. RandallAppellate Division of the Supreme Court of the State of New York · 1909
- Congress Brewing Co. v. HabenichtAppellate Division of the Supreme Court of the State of New York · 1903
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