Tyler v. Stevens
New York Supreme Court
This was an appeal by the defendant from a judgment of the county court of Lewis county, affirming the judgment of a justice of the peace in- favor of the plaintiff. On the 6th of October, 1841, Charles R. Milks made a promissory note as follows: “ Ninety days from date I promise to pay to the order of Joseph Keifer, thirty-five dollars and seventy-one cents, at the Bank of Lowville.”
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This was an appeal by the defendant from a judgment of the county court of Lewis county, affirming the judgment of a justice of the peace in- favor of the plaintiff. On the 6th of October, 1841, Charles R. Milks made a promissory note as follows: “ Ninety days from date I promise to pay to the order of Joseph Keifer, thirty-five dollars and seventy-one cents, at the Bank of Lowville.” The payee indorsed the note to the defendant, and the defendant transferred the same to the plaintiff, at the same time executing to him a guaranty on a separate paper, of which the following is a copy: “ I…
1Opinion of the Court
By the Court,
Hubbard, J.
It was insisted on the argument by the plaintiff’s counsel that this guaranty imported a consideration, because it was a guaranty of payment. There is no authority to sustain this position. This guaranty, it must be borne in mind, was made after the making of the note by Milks, and upon a consideration or inducement having no connection with the contract embraced in the note. It was in consideration of an advance of $35, in money, by the plaintiff to the defendant, at the time of the transfer of the note. All the cases referred to by the counsel, are cases of…
2Cases cited1 opinion
- Leonard v. VredenburghNew York Supreme Court · 1811
3Cited by2 opinions
- Kyle v. ConradWest Virginia Supreme Court · 1885
- Allen v. BantelNew York Supreme Court · 1873