Reynolds v. Ward
New York Supreme Court
Demurrer to pleas. The declaration is on a promissory note made by A. Plumb, W. H. Ward and H. R. Bender to the plaintiff for $2000, dated 13th December, 1826, and payable with interest one year after date. Ward and Bender are described in the note as sureties.
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Demurrer to pleas. The declaration is on a promissory note made by A. Plumb, W. H. Ward and H. R. Bender to the plaintiff for $2000, dated 13th December, 1826, and payable with interest one year after date. Ward and Bender are described in the note as sureties. Ward alone appeared and pleaded the general issue, and specially, that he signed the note as surety for Plumb, and that before the note fell due, to wit, on the 12th December, 1827, it was mutually agreed between the plaintiff and Plumb, without his knowledge or assen(; that the plaintiff should postpone the payment of the note until…
1Opinion of the Court
By the Court,
Marcy, J.
It appears not only by the plea, but on the face of the note, that the defendant was surety for Plumb. The same rule is to be applied to a surety on a note as on a bond. The doctrine of the case of Rees v. Berrington, 2 Vesey, jun. 540, has been repeatedly recognized and sanctioned by this court, and is asked by the defendant to be applied to this case. Where one is surety for the debt of another, payable at a given day, if the obligee defeats the condition he discharges the surety. Extending the period for payment produces this result. If the beneficial holder of a note…
2Cited by25 opinions
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- Kellogg v. . OlmstedNew York Court of Appeals · 1862
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