Ellis v. Brown
New York Supreme Court
Motion by the plaintiff for a new trial. The cause was tried at the Herkimer circuit in October, 1848. The action was brought by the plaintiff as indorsee, against the defendant as “ a party to a promissory note,” which was declared in the notice subjoined to the declaration, to be “the only'cause of action on which the plaintiff relies.”
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Motion by the plaintiff for a new trial. The cause was tried at the Herkimer circuit in October, 1848. The action was brought by the plaintiff as indorsee, against the defendant as “ a party to a promissory note,” which was declared in the notice subjoined to the declaration, to be “the only'cause of action on which the plaintiff relies.” The note as set forth and as proved on the trial, is in the following words: “ $330. Providence, February 1st, 1845. Six months from date, for value received, we promise to pay to the order of Newell, Daniels & Co, three hundred and thirty dollars, at either…
1Opinion of the CourtGridley, J.
Upon the facts in this case the question is whether the plaintiff was entitled to recover, or whether the non-suit was properly granted. In considering this question it must be borne in mind that this action is not brought for money paid by the firm of Newell, Daniels & Co. as it manifestly could not be in the name of the present plaintiff, but is instituted *285upon the note itself as the foundation of the action, and against the defendant as a “'party to the note.”
1. It is obvious, therefore, that the action can not be maintained against the defendant as a guarantor of the note. A person who…
2Cases cited28 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
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3Cited by19 opinions
- Lathrop v. AtwoodSupreme Court of Connecticut · 1851
- Vore v. HurstIndiana Supreme Court · 1859
- Bacon v. . BurnhamNew York Court of Appeals · 1868
- Coleman v. . FullerSupreme Court of North Carolina · 1890
- Rothschild v. GrixMichigan Supreme Court · 1875
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