Treadwell v. Hoffman
New York Court of Common Pleas
Appeal by defendant from a judgment of the general term of the Marine Court, affirming a judgment of that court entered on the decision of a judge thereof, after a trial before him without a jury.
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Appeal by defendant from a judgment of the general term of the Marine Court, affirming a judgment of that court entered on the decision of a judge thereof, after a trial before him without a jury. The complaint alleged that “on February 1st, 1871, at the city of New York, the defendant Lindley M. Hoffman, for a good and valuable consideration, made and delivered his certain promissory note, in writing, in the words and figures following, to wit: ‘ $500. ; 26 cts. :u. s. i. r. ; Stamp. Í Canceled. New York, February 1, 1871. Hine months after date I promise to pay, to the order of Mrs.…
1Opinion of the Court
Daly, Chief Justice.
The case which the appellant reliesnpon for the reversal of this judgment ( White v. McNett, 33 N. Y. 371), is, in a very material feature, distinguishable from the present one. In that case, Mrs. McNett was the owner in her own right of certain real estate, which she sold, taking in part payment of the consideration money certain bonds' and mortgages, which she sold and assigned to the plaintiff’s testator, with a covenant of guaranty by herself and her husband that the money payable thereby was collectable. She was sued upon this guaranty, and it was held that to…
2Cases cited6 opinions
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Gage v. . DauchyNew York Court of Appeals · 1866
- Jaycox v. . CaldwellNew York Court of Appeals · 1873
- Adams v. CurtisNew York Supreme Court · 1870
- White v. . McNett Et Ux.New York Court of Appeals · 1865
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3Cited by3 opinions
- Townsend v. AuldNew York Court of Common Pleas · 1894
- In re the Accounting of SnyderNew York Supreme Court · 1899
- Nash v. MitchellNew York Court of Appeals · 1877