Coykendall v. Constable
New York Supreme Court
Appeal from judgment upon report of referee. Appeal from a judgment in favor of the plaintiff, Samuel D. Coykendall, entered in Ulster county upon the report of a referee. The action was upon a joint and several promissory note, dated January 20, 1874, for the payment of SI,000, with interest, to Carl Peters or bearer, one day after date, signed by the defendants. The defendant De Garmo was the principal debtor, and the other defendants his sureties.
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Appeal from judgment upon report of referee. Appeal from a judgment in favor of the plaintiff, Samuel D. Coykendall, entered in Ulster county upon the report of a referee. The action was upon a joint and several promissory note, dated January 20, 1874, for the payment of SI,000, with interest, to Carl Peters or bearer, one day after date, signed by the defendants. The defendant De Garmo was the principal debtor, and the other defendants his sureties. The case has been twice tried. Upon the former trial the question was whether the plaintiff bought the note or paid it. The facts bearing upon…
1Opinion of the CourtLandon, J.
That the note was transferred to the plaintiff, and not paid by him, was held by the court of appeals. 99 H. Y. 309, 1 N. E. Rep. 884. The facts touching that question have not been changed upon this trial.
It is now claimed by the appellants that the sureties, before the note was transferred to the plaintiff, directed its former owner to collect it of the maker; that its collection might then have been enforced, and that the plaintiff acquired the note subject to the equities of the sureties and the rights acquired by them by such notice; that the plaintiff delayed prosecution until the maker…
2Cases cited3 opinions
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Hunt v. . PurdyNew York Court of Appeals · 1880
- Maier v. CanavanNew York Court of Common Pleas · 1879