Emerine v. O'Brien
Ohio Supreme Court
Error to the District Court of Seneca County. The original action was brought by the plaintiff in error, Andrew Emerine, against Thomas O’Brien, to recover the amount alleged to be due on a promissory note, executed by the defendant as surety of John T. Mitten'. The petition alleged, in substance, “that on the 15th day of March, 1872, the plaintiff loaned to one John T. Mitten, $600 ; that Mitten then gave the plaintiff his promissory note for that amount, with the…
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Error to the District Court of Seneca County. The original action was brought by the plaintiff in error, Andrew Emerine, against Thomas O’Brien, to recover the amount alleged to be due on a promissory note, executed by the defendant as surety of John T. Mitten'. The petition alleged, in substance, “that on the 15th day of March, 1872, the plaintiff loaned to one John T. Mitten, $600 ; that Mitten then gave the plaintiff his promissory note for that amount, with the defendant, Thomas O’Brien, as surety thereon. “ That on the 16th day of May, 1872, about a month after the note became due, the…
1Opinion of the CourtBoynton, C. J.
The court of common pleas gave entirely too much importance to the facts which were held sufficient to exonerate the defendant from liability on the note that he executed as surety for Mitten. The fact that the new note was a forgery left the liability of the defendant on the original note, to the extent that the new note was received in payment, entirely unaffected, unless there were circumstances attending the taking of the note, that relieved him from such liability. No principle is better settled or rests upon more solid reason, than that a forged note delivered in payment does not…
2Cases cited10 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Olcott v. RathboneNew York Supreme Court · 1830
- Pierce v. CraftsNew York Supreme Court · 1815
- Markle v. HatfieldNew York Supreme Court · 1807
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