Legal Opinion

Martin v. Campbell

New York Supreme Court

Decided March 7, 1859PublishedCited by 1 opinion

THIS was an appeal by the defendant Campbell, from an order overruling his demurrer to the plaintiff’s complaint. The complaint stated that the plaintiff was the holder of nine several promissory notes against Timothy Chapman, amounting together to $10,000, and that the defendant Campbell, on the 12th of January, 1853, executed to the plaintiff a guaranty of the payment of these notes.

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THIS was an appeal by the defendant Campbell, from an order overruling his demurrer to the plaintiff’s complaint. The complaint stated that the plaintiff was the holder of nine several promissory notes against Timothy Chapman, amounting together to $10,000, and that the defendant Campbell, on the 12th of January, 1853, executed to the plaintiff a guaranty of the payment of these notes. That subsequently, and on the 10th of August, 1853, Chapman, having become insolvent, made to the defendants an assignment of all his property and effects in trust for the payment of his debts, giving…

1Opinion of the Court

By the Court, E. Darwin Smith, J.

The provision in the assignment of Chapman, for the payment to the defendant Campbell, of 'whatever sum he may or shall pay in pursuance or consequence of said Campbell’s guaranty of the nine promissory notes of Chapman to the plaintiff, therein mentioned, is not a distinct ¡^reference in behalf of the plaintiff, of his debt, but a mere provision of indemnity to Campbell against his liability for its payment. It was doubtless supposed, at the time of making this assignment, by the parties, *191that there was some question in respect to Campbells liability on his…

2Cases cited1 opinion

  1. Scott v. TylerNew York Supreme Court · 1852

3Cited by1 opinion

  1. Mason v. BreslinThe Superior Court of New York City · 1870

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