McLaren v. Watson's Executors
New York Supreme Court
ERROR from the Supreme Court. This was an action of assumpsit brought in the superior court of the city of New-York by Daniel McLaren, on an instrument bearing date 28th August, 1828, executed by Joseph Watson, whereby the latter guarantied the payment of a promissory note for $300, drawn by W. A. and E. C. Blackney, payable to the order of William Watson.
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ERROR from the Supreme Court. This was an action of assumpsit brought in the superior court of the city of New-York by Daniel McLaren, on an instrument bearing date 28th August, 1828, executed by Joseph Watson, whereby the latter guarantied the payment of a promissory note for $300, drawn by W. A. and E. C. Blackney, payable to the order of William Watson. The note endorsed by the payee and by two other person's was transferred, by one Daniel M. Frye, to the plaintiff, together with the guaranty: which guaranty was a separate and distinct instrument, not written on the note or on a paper…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
The testator in .this case, by a sepa.rate.and distinct instrument, which contained no words 0f negotiability, and was not endorsed or written upon the note, guarantied the payment of a note at sixty days, .drawn by W. A. Biackney and E. ,0. Biackney, payable to the order of W. Watson.of New-Milford, W- Watson of Pearl-street, and D. S. Tuthill, for $300: which guaranty, as .the plaintiff alleges, was executed for the purpose of enabling one of the endorsers of the note to raise money thereon from D. M. Frye. Frye, who…
2Cited by24 opinions
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- Cooper & Peabody v. DedrickNew York Supreme Court · 1856
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