Harris v. Eldridge
New York Supreme Court
Motion for judgment. Plaintiff moved against the defendant Eldridge, for judgment for the frivolonsness of the demurrer, pursuant to section 537 of the Code of Civil Procedure. • The action is brought upon a promissory note made by the defendant Alger, and guaranteed by the defendant Eldridge. The complaint contained but one count.
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Motion for judgment. Plaintiff moved against the defendant Eldridge, for judgment for the frivolonsness of the demurrer, pursuant to section 537 of the Code of Civil Procedure. • The action is brought upon a promissory note made by the defendant Alger, and guaranteed by the defendant Eldridge. The complaint contained but one count. It is averred: (1) that the defendant, Alger, made his promissory note for $1,257, at three months, dated August 27, 1878, and the note is set out by copy in full, in words and figures ; (2) that it was delivered to Eldridge, who indorsed his guaranty thereon, and…
1Opinion of the CourtBockes, J.
Two separate causes of action are united in the complaint; one against Alger as maker ; the other against Eldridge as guarantor. The note and the guaranty indorsed on it are separate instruments and constitute separate causes of action (Allen v. Fosgate, 11 How. Pr. 218; De Ridder v. Schermerhorn, 10 Barb. 638; Tibbits v. Percy, 24 Id. 39). Those cases are not overruled by Carman v. Plass (23 N. Y. 286), nor by Decker v. Gaylord (15 N. Y. Sup. Ct. [8 Hun] 110), where the actions were brought against lessee and guarantor, both having executed the same instrument. The case in hand is like…
2Cases cited6 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Carman v. . PlassNew York Court of Appeals · 1861
- Bass v. . ComstockNew York Court of Appeals · 1868
- Cheney v. FiskNew York Supreme Court · 1860
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3Cited by7 opinions
- Roehr v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1896
- Adams v. StevensNew York Court of Common Pleas · 1894
- Perkins v. SlocumNew York Supreme Court · 1894
- Lehnen v. PurvisNew York Supreme Court · 1890
- Riehl v. Illinois Surety Co.City of New York Municipal Court · 1914
2 more not listed; retrieve them via the Exa API.