Hough v. Gray
New York Supreme Court
Error from the Warren common pleas. Gray sued Hough in a justice’s court and declared on a guaranty entered into by the defendant, endorsed on a promissory note made by Daniel Moon for the sum of $45, dated 7th January, 1834, and payable to John Cameron or bearer, on the 1st February 1835. The guaranty was in these words : “ This “ may certify that I guarantee the payment of the. within “ note—dated 7 January, 1834;” and was signed by the defendant.
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Error from the Warren common pleas. Gray sued Hough in a justice’s court and declared on a guaranty entered into by the defendant, endorsed on a promissory note made by Daniel Moon for the sum of $45, dated 7th January, 1834, and payable to John Cameron or bearer, on the 1st February 1835. The guaranty was in these words : “ This “ may certify that I guarantee the payment of the. within “ note—dated 7 January, 1834;” and was signed by the defendant. The justice rendered judgment for the plaintiff, The defendant appealed to the Warren common pleas. On the trial in that courtt he execution of…
1Opinion of the Court
By the Court,
Cowen, J.
The note was absolutely payable and therefore negotiable within the statute. Had the endorsement been blank, I should think the defendant below might have insisted on the privilege of an endorser and reposed himself on the want of a demand and notice; but he endorsed an absolute guaranty in so many words. The court below were clearly right, therefore, in holding that'he made himself a joint and several promissor with the admitted maker. I do not go over the authorities, having had occasion, very recently, to examine all that have been cited, with several others, in Dean…
2Cases cited1 opinion
- Dean v. HallNew York Supreme Court · 1837
3Cited by31 opinions
- Church v. . BrownNew York Court of Appeals · 1860
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Ellis v. BrownNew York Supreme Court · 1849
- Partridge v. DavisSupreme Court of Vermont · 1848
- Perry v. BarretSupreme Court of Missouri · 1853
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