Muir v. Demaree
New York Supreme Court
This was an action of assunvpsit, tried at the Cayuga circuit in December, 1831, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of assunvpsit, tried at the Cayuga circuit in December, 1831, before the Hon. Daniel Moseley, one of the circuit judges. D. Hazeltine, being indebted to the firm of Fitch & Hurd in about $60, by arrangement with them, signed a note, and procured it to be signed by the defendant, Demaree, and 3 other persons, bearing date 29th July, 1826, whereby they promised jointly and severally to pay the president, directors and company of the Bank of Auburn, or hearer, $125, one hundred days after the date of the note. Hazletine delivered the note to Eitch & Hurd, who accepted it in…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The principal question in this case is, whether the note on which the action is brought was a valid instrument in the hands of Fitch & Hurd, after it was paid at the bank ? There can be no doubt of its validity in their hands before they affixed to it the name of their firm. Had they kept it until due, they might have maintained a suit upon it; it was their property. When they passed it to the bank, they became obligated to the bank, but they were *470not sureties for the makers, in the proper sense of the term. They were the original creditors, and could not be both…
2Cited by2 opinions
- Miller v. FinleyMichigan Supreme Court · 1872
- Kiefer v. TolbertSupreme Court of Minnesota · 1915