Beardsley v. Warner
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in October, 1829, before the Hon. .William A. Duer, then one of the circuit judges. The suit was against the defendant, as the endorser of a promissory note, given by P. G. Hildreth to Edmund Elmendorf, and transferred by him to, the plaintiff after due.
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This was an action of assumpsit, tried at the New-York circuit in October, 1829, before the Hon. .William A. Duer, then one of the circuit judges. The suit was against the defendant, as the endorser of a promissory note, given by P. G. Hildreth to Edmund Elmendorf, and transferred by him to, the plaintiff after due. Elmendorf, as the receiver of an estate in which the wife of the plaintiff was interested, obtained an order from the chancellor, on the 21st November, 1823, that Hildreth pay into court $1150, the surplus of certain real estate sold by him as a master in chancery, in 20 days, or…
1Opinion of the Court
By the Court.
One ground of objection urged to a recovery in this case is, that the note was void in its origin. The receiver, it is said, was a purely ministerial officer, and had nothing to do, and, without direction from the court of chancery, could do nothing but receive the money from Hildreth, or proceed with the attachment to enforce its payment. If this objection could be well made, it does not appear very gracious, coming as it does from the defendant, if he was, as he contends, a party to the agreement, and claims the benefit of that part of it which reserved a resort to the…
2Cases cited4 opinions
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Reynolds v. WardNew York Supreme Court · 1830
- Townsend v. OlinNew York Supreme Court · 1830
- Ruggles v. HoldenNew York Supreme Court · 1829
3Cited by17 opinions
- Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
- Griffith v. ReedNew York Supreme Court · 1839
- Oakley v. BoormanNew York Supreme Court · 1839
- Shutts v. . FingarNew York Court of Appeals · 1885
- First Natl. Bank of Schulenburg v. WinklerTexas Supreme Court · 1942
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