Wakeman v. Gowdy
The Superior Court of New York City
Appeal by the defendant from a judgment entered in favor of the plaintiffs on the report of S. P. Hash, Esq., Referee, before whom the issues in the cause were tried.
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Appeal by the defendant from a judgment entered in favor of the plaintiffs on the report of S. P. Hash, Esq., Referee, before whom the issues in the cause were tried. This action was brought by William W. Wakeman, Zalmon B. Wakeman, Jonathan Godfrey and Diedrick Lannerman, to recover for the freight and charges of a cargo of cotton brought for the defendant in the plaintiffs’ vessel, from Savannah to Hew York, and also for the costs and charges incurred by the plaintiffs in the prosecution of a promissory note which had been delivered by the defendant to the plaintiffs as security for his…
1Opinion of the Court
By the Court—Monell, J.
The note in question was delivered to and received by the plaintiffs as collateral security for a prior indebtedness of the defendant to the plaintiffs. The fact is so found by the Referee, and the finding is warranted by the evidence. There was no express direction given to the plaintiffs to sue the makers, nor was there any express agreement or understanding that the defendant would pay the costs and expenses of a suit for the collection of the note. ,
The obligation which the law imposed upon the plaintiffs when they received the collateral security, was that they…
2Cases cited8 opinions
- Cumpston v. McNairNew York Supreme Court · 1828
- Lamourieux v. HewitNew York Supreme Court · 1830
- Hart v. HudsonThe Superior Court of New York City · 1857
- Burt v. HornerNew York Supreme Court · 1849
- Taylor v. BullenNew York Supreme Court · 1827
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Whitteker v. Charleston Gas Co.West Virginia Supreme Court · 1880
- Bennett v. . AustinNew York Court of Appeals · 1880
- Rumsey v. LaidleyWest Virginia Supreme Court · 1891
- Semple & Birge Manufacturing Co. v. DetwilerSupreme Court of Kansas · 1883
- Hazard v. WellsSuperior Court of Buffalo · 1877
4 more not listed; retrieve them via the Exa API.