Kelso v. Tabor
New York Supreme Court
THIS action is brought upon a promissory note in the following form : “ One year after date the undersigned promises to pay Joseph C. Kelso or order five hundred dollars with interest, value received, and ■ she hereby charges her separate estate with the payment of this note.” Signed by the defendant.
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THIS action is brought upon a promissory note in the following form : “ One year after date the undersigned promises to pay Joseph C. Kelso or order five hundred dollars with interest, value received, and ■ she hereby charges her separate estate with the payment of this note.” Signed by the defendant. The action was referred, and the referee found, among others, the following facts : That during the year 1863, Henry H. Hathorn was the sheriff of the county of Saratoga, and on or ybout September 28, 1863, appointed one Eathan Tabor one of his deputies, upon receiving from him the bond in…
1Opinion of the Court
By the Court, Potter, J.
No question is raised about the consideration of the note in question. It is conceded that it was given by a married woman, as surety for her husband, and for his liability on a bond given by him as deputy sheriff, to his principal, and for defalcation on account of moneys collected by such deputy; and that the defendant signed the bond with others as surety for her husband. *128The amount of the note in question is just about the amount of such- claimed defalcation. In some respects this case differs from the case of Yale v. Dederer, reported in 18 N. Y. Rep. 265, and…
2Cases cited5 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Cunningham v. AshleySupreme Court of the United States · 1853
- Graham v. Van WyckNew York Supreme Court · 1852
- Dickerman v. AbrahamsNew York Supreme Court · 1854
- Barnett v. LichtensteinNew York Supreme Court · 1863
3Cited by8 opinions
- Barnett v. HarshbargerIndiana Supreme Court · 1886
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Haas v. ShawIndiana Supreme Court · 1883
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Chatterton v. YoungCourt of Appeals of Tennessee · 1877
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