Wakeman v. Lyon
New York Supreme Court
This was an action of asssumpsit, tried at the Chautauque circuit in October, 1830, before the Hon, Addison Gardiner, one of the circuit judges. The suit was brought on two promissory notes, given as collateral security for the payment of n. judgment which had been obtained by the plaintiffs against Lyon, one of the makers of the notes, and to procure a suspension of proceedings apon the judgment until the notes should become payable.
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This was an action of asssumpsit, tried at the Chautauque circuit in October, 1830, before the Hon, Addison Gardiner, one of the circuit judges. The suit was brought on two promissory notes, given as collateral security for the payment of n. judgment which had been obtained by the plaintiffs against Lyon, one of the makers of the notes, and to procure a suspension of proceedings apon the judgment until the notes should become payable. After the notes became due, the plaintiffs issued u fieri facias against Lyon on the judgment, and that being returned unsatisfied, they issued a capias ad…
1Opinion of the Court
By the Court.
We will presume that the exception was taken in due time, unless it is expressly shewn that it was not taken until after the verdict. We do not regard the manner in which the proceedings on the trial are stated in the bill, and so we have repeatedly ruled.
Kirkland, in continuation. The notes were given as collateral security for the payment of the judgment. The imprisonment of Lyon was not a satisfaction of the judgment. In The Ontario Bank v. Hallett, 8 Cowen, 192, the doctrine of satisfaction by levy was held inapplicable to collateral securities. At most, the imprisonment only…
2Cases cited1 opinion
- Sunderland v. LoderNew York Supreme Court · 1830
3Cited by7 opinions
- St. John v. KiddCalifornia Supreme Court · 1864
- Gilman v. Van SlyckNew York Supreme Court · 1827
- Fassett v. TallmadgeNew York Supreme Court · 1862
- Goff v. CravenNew York Supreme Court · 1884
- Koenig v. SteckelThe Superior Court of New York City · 1873
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