Zellweger v. Caffe
The Superior Court of New York City
Case, upon a verdict taken, subject to the opinion of the court at General Term, with liberty to turn the same into a bill of exceptions. The plaintiffs now move for judgment. The actions were upon four several promissory notes, against .the makers and endorsers. In one, the executrix of Henry Laverty is a party; in the other, she is not. A severance was made, as to the executrix, and the actions tried together, as against the other defendants, by consent.
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Case, upon a verdict taken, subject to the opinion of the court at General Term, with liberty to turn the same into a bill of exceptions. The plaintiffs now move for judgment. The actions were upon four several promissory notes, against .the makers and endorsers. In one, the executrix of Henry Laverty is a party; in the other, she is not. A severance was made, as to the executrix, and the actions tried together, as against the other defendants, by consent. In the first action, the complaint set out two notes, drawn by Caffe & Cutter, a mercantile firm, in favor of Youngs: one, for $2,000,…
1Opinion of the CourtBy the Court. Slosson, J.
I shall consider the case principally in its connection with the endorsers, and the conclusions to which we have come will be equally applicable to all the defendants.
*91The form of the contract upon which Youngs and Laverty are sought to be charged, is that of the endorsement of promissory notes, and the notes being negotiable, it is only as endorsers that they can be made liable. The character of their engagement cannot be changed into that of a special guaranty, and had the plaintiffs failed in their proof of presentment and notice, these defendants would have been entitled to a verdict on…
2Cases cited3 opinions
- Dobbin v. BradleyNew York Supreme Court · 1837
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Stilwell v. BarterNew York Supreme Court · 1838
3Cited by9 opinions
- Newton v. . PorterNew York Court of Appeals · 1877
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Wright v. . CabotNew York Court of Appeals · 1882
- Sheldon v. WoodThe Superior Court of New York City · 1857
- Edwards v. HeuerMichigan Supreme Court · 1881
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