King v. Baldwin
New York Court of Chancery
[ * 555 ] THE defendant Fowler being indebted to the defendant Baldwin, on the 10th of October, 1806, in the sum of *332 dollars and 89 cents, he, together with the plaintiff, as his security, executed a promissory note for that sum to Baldwin, payable on demand, with interest.
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[ * 555 ] THE defendant Fowler being indebted to the defendant Baldwin, on the 10th of October, 1806, in the sum of *332 dollars and 89 cents, he, together with the plaintiff, as his security, executed a promissory note for that sum to Baldwin, payable on demand, with interest. In 1809, F. obtained his discharge under the insolvent act, and, in 1812, B. brought an action, on the note, against the plaintiff, who pleaded the general issue, and gave notice that he should prove, at the trial, that the debt, for which the note was given, was due from F. to B., and that the plaintiff was merely…
1Opinion of the Court
The Chancellor.
The allegation in the bill that the note was procured by fraud, is denied in the answer, and not supported by proof. It is equally denied, and is without proof, that the plaintiff had offered payment of the note. The plain state of the caséis, that in October, 1806, Fowler, with the plaintiff as his surety, gave Baldivin a note, payable on demand, and that the note was fairly and freely given, and for a sum then actually and bona fide due. The testimony establishes these facts beyond any reasonable doubt. This note was put in suit at law, in 1812, and a recovery had against the…
2Cases cited1 opinion
- Hunt v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by62 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Nelson v. BrownSupreme Court of Missouri · 1897
- Martin v. HamlinMichigan Supreme Court · 1869
- President of the Bank of United States v. HatchSupreme Court of the United States · 1832
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