Osgood v. Whittelsey
New York Supreme Court
Motion for judgment, and motion for leave to answer. The action was on a promissory note. The allegations of the complaint were as follows: “ That Samuel W. Whittelsey, and William Whittelsey as his security, on the 30th day of December, 1836, at the city of New York, made their promissory note in writing, whereby they promised to pay to Friend Whittelsey or order, ninety days after date, three hundred dollars, for value received.
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Motion for judgment, and motion for leave to answer. The action was on a promissory note. The allegations of the complaint were as follows: “ That Samuel W. Whittelsey, and William Whittelsey as his security, on the 30th day of December, 1836, at the city of New York, made their promissory note in writing, whereby they promised to pay to Friend Whittelsey or order, ninety days after date, three hundred dollars, for value received. “And said plaintiff further shows, that on the 14th day of February, 1837, at the said city of New York, the said defendant Samuel W. Whittelsey, and William…
1Opinion of the CourtLott, J.
The case relied on by the counsel of the defendant in support of the demurrer (Butler a. Rawson, 1 Den., 105), has no application to this. That was an action on the money-counts, and not on the note itself; and it appeared on the trial that the note which was offered to sustain the claim was signed by Eawson as surety. A verdict was rendered for the plaintiff, and a new trial was ordered, on the ground that it was necessary to declare specially on the instrument on which it was sought to charge the surety; and that a recovery could not be had against him on the money-counts. This was declared…
2Cases cited4 opinions
- Reynolds v. WardNew York Supreme Court · 1830
- Butler v. RawsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Draper v. RomeynNew York Supreme Court · 1854
- Patten v. HarrisNew York Supreme Court · 1834
3Cited by4 opinions
- De Puy v. . StrongNew York Court of Appeals · 1867
- Comstock v. BuchananNew York Supreme Court · 1864
- De Puy v. StrongNew York Court of Appeals · 1867
- McNeil v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1909