Reid v. McNaughton
New York Supreme Court
This was an action on a joint and several promissory note, made by John Crary as principal, and John McNaughton as surety, for two hundred dollars, with interest annually, and payable to the order of Daniel Reid, and dated July 28, 1841. The complaint, after setting out the note in full, stated the death of Daniel Reid, his last will and testament, and the probate thereof, and the regular transfer of the note to the plaintiff, and demanded judgment for the amount of said…
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This was an action on a joint and several promissory note, made by John Crary as principal, and John McNaughton as surety, for two hundred dollars, with interest annually, and payable to the order of Daniel Reid, and dated July 28, 1841. The complaint, after setting out the note in full, stated the death of Daniel Reid, his last will and testament, and the probate thereof, and the regular transfer of the note to the plaintiff, and demanded judgment for the amount of said note, together with the interest from 23d of July, 1845. The answer put in issue the whole complaint, and also set up that…
1Opinion of the CourtWillard, P. J.
The only question which fairly arises on this appeal is, whether the payment of" interest by Mr. Crary, *170one of the joint and "several makers, took the case out of the statute of limitations, as to McNaughton; the action having been brought within six years from the time such payment was made.
Prior to the decision of the court of appeals in Van Keuren v. Parmelee, (2 Comst. 523,) and the decisions of the supreme court in Bogert v. Vermilya, (10 Barb. 32,) and Dunham v. Dodge, (Id. 566,) the right of the plaintiff to recover upon the < evidence in this case would have been unquestionable.…
2Cases cited26 opinions
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- Dash v. Van KleeckNew York Supreme Court · 1811
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wetzell v. BussardSupreme Court of the United States · 1826
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
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