McVean v. Scott
New York Supreme Court
THIS action was commenced by the plaintiff against William Scott, in his lifetime, since deceased, and Henry Y. Colt, to recover the amount of a promissory note, purporting to be made by Henry Chamberlain, Daniel H. Bissell, William Scott and Henry Y. Colt, to the plaintiff, for $1300, on the 7th day of May, 1852, payable in one year from date.
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THIS action was commenced by the plaintiff against William Scott, in his lifetime, since deceased, and Henry Y. Colt, to recover the amount of a promissory note, purporting to be made by Henry Chamberlain, Daniel H. Bissell, William Scott and Henry Y. Colt, to the plaintiff, for $1300, on the 7th day of May, 1852, payable in one year from date. It appears from the note that Henry Chamberlin was the principal, and the other makers were sureties, the word “surety” being added to the name of each of the others, except Chamberlin. The complaint contains two counts, or causes of action. The first…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
When the defends ant Colt and the intestate, William Scott, signed the promissory note upon which this action was brought, they intended to become parties to said note, and to incur and create a legal liability on their part, respectively, to pay the same, if not paid by Chamberlin, the maker, and principal debtor. The note then was overdue. It was dated May 7, 1852, and Colt and Scott, according to the testimony of the plaintiff, signed it in July, 1857. Independently of the question of the alteration of said note and of the effect thereof upon the…
2Cases cited8 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Grant v. ShurterNew York Supreme Court · 1828
- Chappell v. SpencerNew York Supreme Court · 1857
- McCaughey v. . SmithNew York Court of Appeals · 1863
- Cobb v. . TitusNew York Court of Appeals · 1854
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3Cited by8 opinions
- Butler v. KirbyWisconsin Supreme Court · 1881
- First National Bank v. CecilOregon Supreme Court · 1892
- Stacey v. FritzlerOregon Supreme Court · 1938
- Bond v. SmithNew York Supreme Court · 1875
- Denick v. HubbardNew York Supreme Court · 1882
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