Arnold v. Camp
New York Supreme Court
THIS was an action- on a promissory mote-, payable to the plaintiff, or bearer, on demand, for 464 dollars and 69 cents,dated the 10th of February,. 1813, and executed by Camp, and one Downing, his partner, against whom process had been issued jointly with Camp, but who was not taken.
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THIS was an action- on a promissory mote-, payable to the plaintiff, or bearer, on demand, for 464 dollars and 69 cents,dated the 10th of February,. 1813, and executed by Camp, and one Downing, his partner, against whom process had been issued jointly with Camp, but who was not taken. The cause-was tried before- Mr. Justice Spencer, at the Oneida circuit, in-June-, 1815. The- note in question had been given up by the- plaintiff to Downing, upon the latter giving his own note- for the amount; but Downing afterwards took back.his own note, and returned the partnership note to the plaintiff, on…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. ' The . question is, whether, under the circumstances of this case, Camp is not discharged from all responsibility upon this. note. There.is nothing in the case showing that Downing is insolvent, or" unable to pay the note he gá.ve in" his individual capacity.. As Downing had received property to’ discharge the -note, the rede-, ¡¡very of it to the plaintiff was unjust, as it respected Camp-, and he is justified in availing himself of all legal measures.' td" exonerate himself from the payment. ' The .circumstances op-. pear to fully…
2Cases cited1 opinion
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
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