Wells v. . Miller
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the sixth judicial district, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. This action was brought to compel contribution as between co-sureties.
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Appeal from order of the General Term of the Supreme Court in the sixth judicial district, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. This action was brought to compel contribution as between co-sureties. In 1854 plaintiff and one Brown were partners in business at Elmira, doing business under the firm name of “ G-. W. Brown & Co.” Brown was the managing man of the firm, which was known to defendant, he having transacted a large amount of business with the firm. In January, 1854, Brown arranged with one Cromwell for a loan of…
1Opinion of the Court
Church, Oh. J.
The plaintiff claims that he was a co-surety with the defendant upon the note of Brown of $1,000, which he has paid, and that he is entitled to contribution. The difference of opinion among the learned judges who have considered the case is unusual. The decision of the referee was for the plaintiff—that of the General Term for the defendant, but with one dissenting judge. In the Commission of Appeals, four of the commissioners were equally divided, and one took no part, so that of the eight judges, including the referee, who have passed upon the case, in three different…
2Cases cited2 opinions
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- Norton v. . CoonsNew York Court of Appeals · 1851
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