Benjamin v. Ver Nooy
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Cortland county. ■ Action by Horace Benjamin against Catherine O. Ver Nooy, administratrix, and Almon H. Sanders, administrator c. t. a. of Hiram Crandall, deceased. From a judgment for plaintiff, and from an order awarding costs against defendants, they appeal.
1Opinion of the CourtLandon, J.
This action is against the administrators with the will annexed of Hiram Crandall, deceased, upon a promissory note in these words:
“$4,000.
“Jointly and. severally we promise to pay Nellie Petit or bearer four thousand dollars, with use, one year from date, for value received.
“Dated January 5, 1880. Lyman Calkins.
“Calvin L. Hathaway.
“Hiram Crandall, Surety.”
One of the defenses was that the note was signed and delivered to Lyman Calkins, the first signer of the note, by Crandall, as his accommodation surety, for the sole purpose of enabling Calkins to borrow money thereon of Nellie Petit, the…
2Cases cited8 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Hobart v. . HobartNew York Court of Appeals · 1875
- Benjamin v. . RogersNew York Court of Appeals · 1891
- Wallace v. . StrausNew York Court of Appeals · 1889
- Nearpass v. . GilmanNew York Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lamphere v. LamphereNew York Supreme Court · 1900