Churchill v. Trapp
New York Supreme Court
Demurrer to complaint. This action was brought by W. E. Churchill and others against William Trapp, and Myron H. Ferris executor of Charlotte Herrick. The action was upon a promissory note of which the following is a copy. “Elmira, April 26th, 1854. “ $611,40. Nine months after date we promise to pay to the order of Charlotte Herrick, six hundred and eleven dollars and forty cents, at the Bank of Chemung, Elmira, N. Y., value received. “ Wm.
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Demurrer to complaint. This action was brought by W. E. Churchill and others against William Trapp, and Myron H. Ferris executor of Charlotte Herrick. The action was upon a promissory note of which the following is a copy. “Elmira, April 26th, 1854. “ $611,40. Nine months after date we promise to pay to the order of Charlotte Herrick, six hundred and eleven dollars and forty cents, at the Bank of Chemung, Elmira, N. Y., value received. “ Wm. Trapp & Co.” The complaint stated that the firm of “ W illiam Trapp & Go.” consisted of William Trapp and Charlotte Herrick, and that the latter was the…
1Opinion of the Court
By the Court—Balcom, Justice.
the note upon which *308the action was brought is joint and not several, there would he-no cause of action stated in the complaint against Ferris as-executor of the will of Charlotte Herrick deceased, if his liability rested upon the fact that the testatrix was one of the joint makers of the note, because there is no allegation in the complaint that Trapp, the surviving maker, is insolvent. (4 Barb., 530; 14 lb., 644; 16 lb., 289; 18 lb., 592; 20 lb. 339 ; 2 Denio, 576 ; 4 Seld., 371). But the liability of Ferris is placed upon the ground that Charlotte Herrick…
2Cases cited4 opinions
- Parker v. JacksonNew York Supreme Court · 1852
- Peabody v. Washington County Mutual-InsuranceNew York Supreme Court · 1855
- Lane v. DotyNew York Supreme Court · 1848
- Yorks v. PeckNew York Supreme Court · 1853
3Cited by3 opinions
- Decker v. TrillingWisconsin Supreme Court · 1869
- Trimmier v. ThomsonSupreme Court of South Carolina · 1878
- Bank of Cooperstown v. CorliesNew York Supreme Court · 1866