Jackson v. Rayner
New York Supreme Court
IN ERROR, on certiorari, to a justice’s court. Michael Jackson, son of the plaintiff in error, gave his promissory note to Samuel Edson, or order, which was endorsed by Edson to WilHam Rayner, plaintiff below. -r-. , , , _ , , , . Rayner sued Michael Jackson, by warrant, upon the note; and, when the constable was about to serve the warrant, John Jackson, the defendant below, told the constable “ not to serve it, for he, the defendant below, would pay the debt, if an honest…
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IN ERROR, on certiorari, to a justice’s court. Michael Jackson, son of the plaintiff in error, gave his promissory note to Samuel Edson, or order, which was endorsed by Edson to WilHam Rayner, plaintiff below. -r-. , , , _ , , , . Rayner sued Michael Jackson, by warrant, upon the note; and, when the constable was about to serve the warrant, John Jackson, the defendant below, told the constable “ not to serve it, for he, the defendant below, would pay the debt, if an honest one.’’ Upon which the plaintiff below expressed his satisfaction, and withdrew that suit. Soon afterwards, the defendant…
1Per curiam
The fair construction of the paroi proofs in this case, is, that the defendant below had received an assignment of his son’s property, in trust, for the payment of his son’s debts; and, from that fund, he promised to pay the debt now in question. He is to be regarded as a trustee for the creditors of his son ; and his absolute promise to this creditor, is evidence that the fund was adequate. But, the original debt of the sort was still subsisting; and, according to the decision in.the case of Simpson v. Patten, (4 Johns. Rep. 422.) and the authorities there cited, it seems, well settled, that…
2Cited by13 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Farley v. ClevelandNew York Supreme Court · 1825
- Eddy v. RobertsIllinois Supreme Court · 1856
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Emerick v. SandersWisconsin Supreme Court · 1853
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