Campbell v. Butler
New York Supreme Court
IN ERROR to the court of common pleas, or mayor’s court, of the city of New-York. Butler brought an action of assumpsit against Campbell, in the court below.
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IN ERROR to the court of common pleas, or mayor’s court, of the city of New-York. Butler brought an action of assumpsit against Campbell, in the court below. One James Low was in treaty with Butler, (the plaintiff below,) for the purchase of a horse and waggon, w'hich Butler agreed to sell to Low for ISO dollars, provided he could give security for the payment of the money; and Low offered, as security, to give John Harvey and William Campbell, (the defendant below,) as endorsers of two notes, to be drawn by Low, one for 100 dollars, and the other for 50 dollars, which Butler agreed to…
1Per curiam
The question is, whether the plaintiff below was authorized to write such a contract over the names of the .endorsers of the note, respectively, and can sustain an action upon that contract. According to the decision in Nelson v. Dubois, and as the law is recognised in Herrick v. Carman, we think the plaintiff had a perfect right to recover, as on an original undertaking to pay, by each of the endorsers, as guarantors of the note. The defendant in error is, therefore, entitled to judgment.
Judgment for the defendant in error.
2Cited by15 opinions
- Moore v. . CrossNew York Court of Appeals · 1859
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Cromwell v. HewittNew York Court of Appeals · 1869
- Partridge v. DavisSupreme Court of Vermont · 1848
- Smith v. IdeSupreme Court of Vermont · 1830
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