Getty v. . Binsse
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department in favor of plaintiff, entered upon an order overruling defendants’ exceptions and directing judgment upon a verdict. The action is brought to recover of the personal representatives of John La Farge, deceased, the amount of a joint promissory note executed by said La Farge and one L. E. Lahens. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department in favor of plaintiff, entered upon an order overruling defendants’ exceptions and directing judgment upon a verdict. The action is brought to recover of the personal representatives of John La Farge, deceased, the amount of a joint promissory note executed by said La Farge and one L. E. Lahens. The facts sufficiently appear in the opinion. The action was barred by the statute of limitations. (Hallet v. Righton, 13 How.Pr. R., 43; Wortmann v. Same, 17 Abb., 67.) The payments of interest by the…
1Opinion of the CourtPeckham, J.
No question is made as to the pleadings, whether this is a suit at law or in equity, therefore, none is. considered. I proceed, therefore, directly to the merits. The testator, La Farge, signed a joint note with one Lahens for $15,000, at a year from date, and dated February 4th, 1858. He was a surety on the note. The note was not paid; and after the decease of La Farge the surety (Lahens, the joint maker, surviving him), this suit was commenced against his representatives to recover upon the note. The testator was under no liability to the plaintiff, legal or equitable, irre spective of or…
2Cases cited2 opinions
- Bradley v. BurwellNew York Supreme Court · 1846
- Richter v. . PoppenhausenNew York Court of Appeals · 1870
3Cited by26 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Kernochan v. . MurrayNew York Court of Appeals · 1888
- Long v. . StaffordNew York Court of Appeals · 1886
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Wood v. . FiskNew York Court of Appeals · 1875
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