Benjamin v. . Rogers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the foiu’th judicial department, entered upon an order made July 1, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court in the foiu’th judicial department, entered upon an order made July 1, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. .The note in the hands of Leman Calkins the principal maker, with Crandall’s name on it as surety, was not valid as a note, but it carried on its face notice that it had never been negotiated and that neither Kellie Petit nor bearer had ever held it, and that it never had had…
1Opinion of the CourtEael, J.
This action was commenced about the 1st of December, 1886, to recover upon a promissory note, of which the following is a copy:
“ $4,000. Jointly and severally we promise to pay Nellie Petit, or bearer, $4,000, with use one year from date, value received.
“ Dated January oth, 1880.
“LEMAN CALKINS.
“CALVIN L. HATHAWAY,
“HIRAM CRANDALL,
“As surety.”
The note was made by Calkins as principal, and the other two makers simply signed it for his accommodation. Crandall died in. August, 1881, and Hathaway in 1885", and it is infer-able that Calkins was pecuniarily irresponsible for some time before the…
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