Thompson v. Hall
New York Supreme Court
APPEAL from a judgment entered upon the decision of a referee. The action was upon a promissory note, made hy the defendant, James Thompson and the defendant Hall as his. surety, dated December 11, 1854, for $284, payable-one year from date, with interest.
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APPEAL from a judgment entered upon the decision of a referee. The action was upon a promissory note, made hy the defendant, James Thompson and the defendant Hall as his. surety, dated December 11, 1854, for $284, payable-one year from date, with interest. From the report of the referee, dated March, 1864, it appears that James Thompson paid upon the note, in February, 1857, $225.57, and that the balance' upon the note at the date of the report, was $153.19, for which sum judgment was ordered against Hall. Hall signed the noté as surety for the defendant Thompson, with the knowledge and at…
1Opinion of the Court
By the Court, Marvin, J.
The counsel for the defendant offered to prove that the plaintiff requested him to sign the note as surety for James; that he declined, stating that the note was to run a year, and he thought the plaintiff would not collect it when due, as she would from a stranger. That the plaintiff then promised that if Hall would sign the note she would collect it promptly when it should become due, if it was not paid ; and further, that she would not dispose of the note. That he, Hall, answered that he would sign the note if she would collect it promptly, when due, and he would…
2Cases cited2 opinions
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Fulton v. MatthewsNew York Supreme Court · 1818
3Cited by12 opinions
- Fisher v. BennehoffIllinois Supreme Court · 1887
- Clark v. . SicklerNew York Court of Appeals · 1876
- First National Bank v. DicksonSupreme Court Of The Territory Of Dakota · 1888
- Baldwin v. United States Telegraph Co.New York Supreme Court · 1869
- Springer v. DwyerNew York Supreme Court · 1870
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