Petrie v. Feeter
New York Supreme Court
This was an action of assumpsit, tried at the Herkimer circuit, in November, 1837, before the Hon. John Willard, one of the circuit judges.
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This was an action of assumpsit, tried at the Herkimer circuit, in November, 1837, before the Hon. John Willard, one of the circuit judges. The suit was brought to recover back money paid under the following circumstances: On ■. 27th April, 1829, the plaintiff John D. Pethe signed a note as surety for Adam Petrie, payable to John Graves or bearer, for the sum of $554 95. The note was .given to Daniel Dygert a deputy of John Graves, who was then sheriff of the county of Herkimer, in payment of certain property purchased by Adam Petrie at sheriff’s sale, and who agreed that whatever sum should…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
I am unable to discover any principle that will justify the ruling of the learned judge at the circuit, unless the defendant is implicated in th & fraud of Dygert, of which I see no evidence—none, certainly, which would warrant the conclusion as matter of law. To sustain a verdict in this case upon that ground, the point should have been found by the jury.
*174It is true the note was over due, but the defendant, before he took it, first consulted one of the makers, and purchased upon the faith of his statement; and the very payment now sought to be recovered back was…
2Cases cited1 opinion
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