Goss v. Mather
New York Supreme Court
The defendant, on the 18th of March, 1861, made and delivered his promissory note to the plaintiff for the payment of the sum of $335 to him or order. The plaintiff indorsed and transferred the note to Charles H. Thing, and he indorsed and transferred it to James A. Story.
Read the full summary
The defendant, on the 18th of March, 1861, made and delivered his promissory note to the plaintiff for the payment of the sum of $335 to him or order. The plaintiff indorsed and transferred the note to Charles H. Thing, and he indorsed and transferred it to James A. Story. When the note became due, Thing and the plaintiff were properly charged as indorsers; and Story thereupon brought an action upon the note against the defendant as maker and Thing and the plaintiff as indorsers, and recovered judgment against them for the amount due upon the note. On the lYth day of May, 1862, the sheriff of…
1Opinion of the Court
By the Court
Daniels, J.
When the plaintiff brought his action against Thing to recover bach the $400 paid him, he must have done so upon the legal theory that the settlement and satisfaction of the judgment by the defendant, who was the party primarily liable for its payment, had the effect of seeming to him the right to rescind and annul the sale of his land under the execution, and entitled him to an assignment of the certificate from Horton, without availing himself of the privilege provided for him by the agreement extending his right of redemption. If he was right in assuming that to be…
2Cited by5 opinions
- Finlay v. BrysonSupreme Court of Missouri · 1884
- Jones v. BarlowThe Superior Court of New York City · 1874
- Butler v. WehleNew York Supreme Court · 1875
- Equitable Co-Operative Foundry Co. v. HerseeNew York Supreme Court · 1884
- Fowler v. Bowery Savings BankNew York Court of Appeals · 1889