Butler v. Wright
New York Supreme Court
This was an action of assumpsit, tried at the Dutchess circuit, in December, 1827, before the Hon. James Emott, one of the circuit judges. The defendant was the first and the plaintiff the second endorser of a promissory note discounted at the Middle District Bank, for the accommodation and sole benefit of the drawer, one Joseph A. Bostwick. The note was for $1500, dated 22d November, 1816, payable in 60 days. When due, it was protested for non-payment.
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This was an action of assumpsit, tried at the Dutchess circuit, in December, 1827, before the Hon. James Emott, one of the circuit judges. The defendant was the first and the plaintiff the second endorser of a promissory note discounted at the Middle District Bank, for the accommodation and sole benefit of the drawer, one Joseph A. Bostwick. The note was for $1500, dated 22d November, 1816, payable in 60 days. When due, it was protested for non-payment. The defendant paid to the bank $800 towards the note. The plaintiff was sued by the bank, and a judgment obtained against him for $917,69. He…
1Opinion of the Court
By the Court, Sutherland, J.
It was held in the case between these same parties, (20 Johns. R. 367,) that though the plaintiff could not maintain an action on the note, as it had not been fully paid, and was the property of the bank; yet that he might sustain the action against the defendant, and recover the amount paid by him, on the count for money paid, laid out and expended for the defendant at his request. Chief Justice Spencer, who delivered the opinion of the court, observes, that as regards the plaintiff, the defendant was under a legal obligation to take up the note when it became…
2Cited by25 opinions
- Nichols v. GoldsmithNew York Supreme Court · 1831
- Brill v. BrandtNew York Supreme Court · 1941
- Seneca County Bank v. . NeassNew York Court of Appeals · 1850
- Orendorff v. UtzCourt of Appeals of Maryland · 1878
- Rodman v. HeddenNew York Supreme Court · 1833
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