Brown v. . Curtiss
New York Court of Appeals
On error from the supreme court, where the action was assumpsit upon a guaranty, brought by Curtiss against Chester Brown, tried at the Columbia circuit, before Edmonds, circuit judge, in September, 1845. On the trial the plaintiff gave in evidence a promissory note as follows: “ For value received I promise to pay Chester Brown or bearer fifty dollars, six months from date, with use. Canaan, April 2, 1838. G. F. Brown.”
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On error from the supreme court, where the action was assumpsit upon a guaranty, brought by Curtiss against Chester Brown, tried at the Columbia circuit, before Edmonds, circuit judge, in September, 1845. On the trial the plaintiff gave in evidence a promissory note as follows: “ For value received I promise to pay Chester Brown or bearer fifty dollars, six months from date, with use. Canaan, April 2, 1838. G. F. Brown.” The plaintiff also proved that the defendant transferred the note to him in exchange for another note which he held against the defendant for borrowed money. When the…
1Opinion of the Court
It is said on the one side, that the defendant is the maker of a promissory note, and liable as such; and on the other side, that he is an endorser, and has been discharged for the want of demand and notice. And strange as it may seem, there are cases in the books which go to uphold both of these positions. But they are both wrong. The defendant is neither maker nor endorser of a promissory note. On the contrary, he has in very plain terms made a contract of a different kind from either of those — one well known to the law; and by that contract he must either stand or fall. He has guarantied…
2Cases cited1 opinion
- Isett v. HogeSupreme Court of Pennsylvania · 1833
3Cited by47 opinions
- Davenport v. StrattonCalifornia Supreme Court · 1944
- McKecknie v. . WardNew York Court of Appeals · 1874
- Phelps v. . VischerNew York Court of Appeals · 1872
- Pierce v. MerrillCalifornia Supreme Court · 1900
- Commercial National Bank v. ZimmermanNew York Court of Appeals · 1906
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