Moore v. Paine
New York Supreme Court
Demurrer to replication. The plaintiffs declared on a joint bond executed by L. C. Paine, W. W. Cronkhite and E. Freer, bearing date 13th October, 1815, conditioned for the payment to the plaintiffs of $500, in two instalments, in the month of October, 1821. Paine (who alone appeared) pleaded that he and Cronkhite executed the bond declared on, as the sureties of Freer, for a debt owing by Freer, to the plaintiffs; that on the 13th January, 1819, Freer, being an inhabitant…
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Demurrer to replication. The plaintiffs declared on a joint bond executed by L. C. Paine, W. W. Cronkhite and E. Freer, bearing date 13th October, 1815, conditioned for the payment to the plaintiffs of $500, in two instalments, in the month of October, 1821. Paine (who alone appeared) pleaded that he and Cronkhite executed the bond declared on, as the sureties of Freer, for a debt owing by Freer, to the plaintiffs; that on the 13th January, 1819, Freer, being an inhabitant of the county of Warren, in conjunction with two thirds of his creditors, presented a petition to the first judge of that…
1Opinion of the Court
By the Court,
Nelson, J.
Admitting the principle upon which the plea in this case is founded to be sound, for it is not material to examine that question, 7 Bing. 508, 2 Russ. 600, 2 Dowl. & Ryl. 337, the facts spread forth in the replication afford a conclusive answer to it. There can be no doubt, should the defendant in this case be obliged to pay this debt, that he can resort to his principal for reimbursement, notwithstanding the discharge, if he has not already obtained it. 15 Johns. R. 467. 9 Wendell, 312.
It is true that the release of one of two or more obligors to a bond, operates to…
2Cases cited2 opinions
- De Zeng v. BaileyNew York Supreme Court · 1832
- Ford v. AndrewsNew York Supreme Court · 1832
3Cited by14 opinions
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
- Turner v. StewartWest Virginia Supreme Court · 1902
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- Fay v. TowerWisconsin Supreme Court · 1883
- Rittenhouse v. KempIndiana Supreme Court · 1871
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