Hedges v. Sealy
New York Supreme Court
This was an appeal by the defendant from a judgment rendered at a special term, upon demurrer to the reply. The action was commenced by serving the complaint on the 27th of February, 1849. The complaint alledged that on the 16th of March, 1846, the plaintiff lent Robert Roberts $200, for which he took his note of that date, payable on demand, with interest—and Roberts at the same time delivered to the plaintiff, as surety for the payment of the above money, a note from the…
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This was an appeal by the defendant from a judgment rendered at a special term, upon demurrer to the reply. The action was commenced by serving the complaint on the 27th of February, 1849. The complaint alledged that on the 16th of March, 1846, the plaintiff lent Robert Roberts $200, for which he took his note of that date, payable on demand, with interest—and Roberts at the same time delivered to the plaintiff, as surety for the payment of the above money, a note from the defendant, of the same date, for $300, payable on demand “to Robert Roberts, or order.”- That Roberts was dead and his…
1Opinion of the Court
By the Court, Brown, J.
The defendant, Samuel A. Sealy, was indebted to Isaac Plato upon a note for $300, with the interest. Plato died, and his mother, Huldah Plato—who was supposed to be his only next of kin, and as such entitled to the money due upon the note—without authority as personal representative or otherwise, in her own name, indorsed over the note to one Robert Roberts by an indorsement in the following words:' “ Pay to Robert Roberts, or order, the amount of the within note. Huldah Plato.” Roberts then requested the defendant to pay or become accountable to him for the note. And…
2Cases cited1 opinion
- Chamberlain v. GorhamNew York Supreme Court · 1822
3Cited by19 opinions
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Muller v. . PondirNew York Court of Appeals · 1873
- Davis v. SittigTexas Supreme Court · 1886
- Younker ex rel. Ralston v. MartinSupreme Court of Iowa · 1864
- Hale v. Milwaukee Dock Co.Wisconsin Supreme Court · 1872
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