Boyd v. Finnegan
New York Court of Common Pleas
Appeal by one of two defendants from a judgment of the First District Court. The action was brought on a promissory note made by the defendant, McDonough, and endorsed by the defendant, Finnegan. In March, 1867, one Samuel Shapter recovered a judgment against McDonough, and the note in this action was given to Shapter as collateral security for the payment of the judgment; Finnegan received no consideration for his endorsement.
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Appeal by one of two defendants from a judgment of the First District Court. The action was brought on a promissory note made by the defendant, McDonough, and endorsed by the defendant, Finnegan. In March, 1867, one Samuel Shapter recovered a judgment against McDonough, and the note in this action was given to Shapter as collateral security for the payment of the judgment; Finnegan received no consideration for his endorsement. Before the maturity of the note the plaintiff, with notice of the foregoing facts, paid the judgment, and Shapter executed and delivered to him a satisfaction of the…
1Opinion of the CourtBy the Court. Loew, J.
Although the plaintiff testified on the trial, in the court below, that he took the note in suit in the regular course of business, it is obvious that at the time he paid the judgment, and the note was transferred to him, he knew that it had been given to and was held by the attorney of the judgment creditor as collateral security for the payment of the judgment. Mr. Johnston, the attorney, distinctly testified that he informed him of that fact, and the plaintiff failed to contradict him.
How in some respects there is, doubtless, considerable difference between an endorser and a surety, but…
2Cases cited10 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Corey v. WhiteNew York Supreme Court · 1848
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Mathews v. . AikinNew York Court of Appeals · 1848
- Dominick v. EackerNew York Supreme Court · 1848
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3Cited by3 opinions
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