Benjamin v. Ver Nooy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Catherine Ver Nooy, as administratrix, and Aim on H. Sanders, as administrator, with the will annexed of Hiram Crandall, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 20th day of March, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon said appeal an order made at the Chemung Special Term and entered in the office…
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Appeal by the defendants, Catherine Ver Nooy, as administratrix, and Aim on H. Sanders, as administrator, with the will annexed of Hiram Crandall, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 20th day of March, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon said appeal an order made at the Chemung Special Term and entered in the office of the clerk of the county of Cortland on the 10th day of March, 1897, granting the plaintiff the costs of the appeals…
1Opinion of the Court
Landon, J.:
This action is against the administrators with the will annexed of Hiram .Crandall, deceased, upon a promissory note in these words :
“ $4,000. Jointly and severally we promise to pay Nellie Petit or bearer four-thousand dollars with use, one year from date, for value received.
“ Dated January 5,-1880
“LEMAN CALKINS,
“ CALVIN L. HATHAWAY, ■
“HIRAM CRANDALL, surety P
One of the defenses was that the note was signed and delivered to Lyman Calkins, the first signer of the note, by Crandall, as his *583accommodation surety, for the sole purpose of enabling Calkins to borrow money thereon of…
2Cases cited7 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Benjamin v. . RogersNew York Court of Appeals · 1891
- Wallace v. . StrausNew York Court of Appeals · 1889
- Nearpass v. . GilmanNew York Court of Appeals · 1887
- Wilcox v. . CorwinNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Benjamin v. . Ver NooyNew York Court of Appeals · 1901
- Dailey Bros. v. W. A. Clements Co.New York Supreme Court · 1923
- Lamphere v. LamphereNew York Supreme Court · 1900
- Lamphere v. LamphereNew York Supreme Court · 1900