Singer v. Troutman
New York Supreme Court
APPEAL from an order made at a special term, denying a motion for a new trial, before judgment. The action was upon a promissory note made by the defendant and one Jacob Troutman, dated October 24, 1862, by which the makers promised to pay the plaintiff $100, three months after date, with interest.
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APPEAL from an order made at a special term, denying a motion for a new trial, before judgment. The action was upon a promissory note made by the defendant and one Jacob Troutman, dated October 24, 1862, by which the makers promised to pay the plaintiff $100, three months after date, with interest. The defense set up, in the answer, was that the note was signed by the defendant without consideration, and as surety for J acob Troutman, the principal maker; of which the plaintiff had notice at the time of making the note. That the plaintiff, at or about the time the note matured, made an…
1Opinion of the Court
By the Court, Johnson, J.
The action was against the defendant as surety upon a promissory note. The defense was, that the plaintiff neglected and refused to collect the debt of the principal debtor, while he was solvent, although requested so to do by the defendant; and that such principal had become wholly insolvent, at the time of the commencement of the action. The evidence on the question at issue, was conflicting, the defendant's evidence tending quite strongly to show that the plaintiff was requested, after the note became due, to collect it of the principal maker by the use of legal…
2Cases cited1 opinion
- Remsen v. . BeekmanNew York Court of Appeals · 1862
3Cited by9 opinions
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- Goodwin v. . SimonsonNew York Court of Appeals · 1878
- Maier v. CanavanNew York Court of Common Pleas · 1879
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