Hayes v. Ward
New York Court of Chancery
THE bill, which was filed May 30th, ISIS, stated, that the plaintiff, David Hayes, and the defendants, Thomas Ward, Nathaniel Camp, and Cyrenus Beach, resided at Newark, in the state of New-Jersey. That the defendant C. B. applied to Joseph Walter, a partner in trade with Silas Hayes, for money; and proposed to furnish notes, with which to raise five thousand dollars, and as an inducement to W., proposed to take him into partnership, in a manufacturing establishment, 8ze.
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THE bill, which was filed May 30th, ISIS, stated, that the plaintiff, David Hayes, and the defendants, Thomas Ward, Nathaniel Camp, and Cyrenus Beach, resided at Newark, in the state of New-Jersey. That the defendant C. B. applied to Joseph Walter, a partner in trade with Silas Hayes, for money; and proposed to furnish notes, with which to raise five thousand dollars, and as an inducement to W., proposed to take him into partnership, in a manufacturing establishment, 8ze. J. W.x on the 1st of May, 1811, made a note, in the name of the firm of Walter 8f Hayes, for 1,000 dollars, payable in two…
1Opinion of the Court
The Chancellor.
It appears from the case that the defendant Beach is the principal debtor to the defendant Ward, on the note in question, and that the plaintiff who .endorsed *128it, stands in the character of surety. The plaintiff originally endorsed the note without consideration, for the benefit of the drawers, W. fy H., and the defendant B. took it from the drawers, in consideration of lots agreed to be sold to one of the makers, or of a partnership, into which one of them was to be admitted. This consideration failed, for the lots were not sold, tror the partnership entered into. As between…
2Cases cited3 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Stevens v. CooperNew York Court of Chancery · 1815
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- Knighton v. CurrySupreme Court of Alabama · 1878
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