Bellows v. Folsom
The Superior Court of New York City
The action was to recover upon a promissory note made By one of the defendants, the payment of which was guarantied by the other defendants. The defense set up was that in October, 1860, the plaintiff recovered a judgment against the defendant Levi Folsom, from which he appealed to the general term, giving an undertaking to stay execution, signed by the other defendants, as sureties.
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The action was to recover upon a promissory note made By one of the defendants, the payment of which was guarantied by the other defendants. The defense set up was that in October, 1860, the plaintiff recovered a judgment against the defendant Levi Folsom, from which he appealed to the general term, giving an undertaking to stay execution, signed by the other defendants, as sureties. Subsequently, Folsom having real estate upon which the judgment was a lien, which he had an opportunity to convey, and was desirous to convey, in order to discharge that lien, made an agreement with the…
1Opinion of the CourtMonell, J.
The only fact found by the referee, not found on the first trial, is, “ that the note has never been in the hands of the plaintiff, but has been retained by the said attorney.” He finds the agreement, constituting the consideration of the note, in a slightly altered form, but essentially not differently from his first finding. He now finds that the costs of the action were to be paid ; the. note of the defendant to be given for the balance of the judgment; the appeal to be dismissed ; and a satisfaction of the judgment given.
The court in reversing the former judgment said: “ that the…
2Cases cited2 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Ferguson v. HamiltonNew York Supreme Court · 1862
3Cited by3 opinions
- Wheelwright v. DepeysterNew York Supreme Court · 1806
- Alexander v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Alexander v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907