Richards v. Warring
New York Court of Appeals
The appeal in this case is by the defendant, George 0. Warring (who was sued with James E. Warring and James E. Chapman), from a judgment in favor of the plaintiff, rendered in the fourth district against all the defendants. The action was brought to recover the amount due upon a note in the. following words: “ One year after date we promise to pay Platt Richards eight hundred dollars, with interest, value received.
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The appeal in this case is by the defendant, George 0. Warring (who was sued with James E. Warring and James E. Chapman), from a judgment in favor of the plaintiff, rendered in the fourth district against all the defendants. The action was brought to recover the amount due upon a note in the. following words: “ One year after date we promise to pay Platt Richards eight hundred dollars, with interest, value received. “ Amsterdam, April 1, 1857. “ JAMES E. WARRING, • “ JAMES JB. CHAPMAN.” Signed on the back, “ George 0. Warring.” The defendant, George O. Warring, alone defended; and, after…
1Opinion of the CourtHogeboom, J.
The defendant is prosecuted by the payee of a non-negotiable promissory note as a party thereto. What his precise character and liability are, is the question to be determined. The defendant insists that he is simply an indorser, and can be held only in that character, and that as no steps were taken to charge him in that capacity, he is not liable. The plaintiff insists that- the defendant is liable in some character other than that of strict indorser for the payment of the note, that he cannot be regarded strictly in the light of an .indorser of commercial paper, because the note is not…
2Cases cited6 opinions
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- Herrick v. CarmanNew York Supreme Court · 1815
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