Corey v. White
New York Supreme Court
Motion by the plaintiff, upon a bill of exceptions, to set aside a nonsuit, and for a new trial. The cause was tried before Gridley, Circuit Judge, at the Otsego circuit, in April, 1847. The plaintiff, as sheriff of the county of Herkimer, claimed to recover in trespass against the defendants, deriving hi_s title under a levy made by virtue of an execution issued upon a judgment in favor of Joseph Carpenter, against Cornelius White, Jacob J. Lints and George Tunnicliff.
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Motion by the plaintiff, upon a bill of exceptions, to set aside a nonsuit, and for a new trial. The cause was tried before Gridley, Circuit Judge, at the Otsego circuit, in April, 1847. The plaintiff, as sheriff of the county of Herkimer, claimed to recover in trespass against the defendants, deriving hi_s title under a levy made by virtue of an execution issued upon a judgment in favor of Joseph Carpenter, against Cornelius White, Jacob J. Lints and George Tunnicliff. That judgment was recovered upon a promissory note, made by the said Cornelius White, payable to the order of the said Jacob…
1Opinion of the Court
By the Court,
Willard, J.
Prior to, the act for regulating suits on bills of exchange and promissory notes, passed April 25, 1832, (Laws of 1832, p. 489,) the holder of a bill of exchange or promissory note might commence separate actions against all the antecedent parties to the bill or note, and proceed to judgment against all; but he could haye but one satisfaction of his debt, and the costs in all the suits. (Windham v. Withers, 1 Stra. 515. Chit. on Bills, Springfield ed. of 1836, 570, 571.) A subsequent party might take an assignment of a judgment obtained against the maker, without…
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