Beaman v. Blanchard
New York Supreme Court
This was an action of assumpsit, tried at the Washington circuit in November, 1828, before the Hon. Esek Co wen, one of the circuit judges.
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This was an action of assumpsit, tried at the Washington circuit in November, 1828, before the Hon. Esek Co wen, one of the circuit judges. In the summer of 1826, John Blanchard employed an agent to procure the plaintiff to lend his name in obtaining a loan of $1000 from the Bank of Rutland, who told the plaintiff that Anthony Blanchard and A. Robertson would sign a note for that amount with John Blanchard, and that John Blanchard wished to obtain plaintiff’s signature to raise the money. (John Blanchard, A. Blanchard, and A. Robertson resided in this state, and the plaintiff in Vermont; and…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiff was properly nonsuited. The evidence I think satisfactorily shews that the notés were made exclusively for the benefit of John Blanchard, and that Anthony Blanchard and Robertson, as well as the plaintiff, signed merely as sureties.
It appears from the testimony of Joseph Wells, that he originally applied to the plaintiff on the behalf of John Blanchard, to induce him to sign a note as surety, to enable Blanchard to get money at the Rutland bank. The witness saw the plaintiff and told him, John Blanchard wished to get *435#1000 from the Ruthland bank; that…
2Cited by8 opinions
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- M'Gregor v. ClevelandNew York Supreme Court · 1833
- Clark v. MyersNew York Supreme Court · 1877
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