Schroeppell v. . Shaw
New York Court of Appeals
Appeal from the supreme court, where Schroeppell filed his bill against Shaw to be relieved against a judgment at law The case, as it appeared on the pleadings and proofs, was as follows: On the 4th of April, 1837, the plaintiff, as surety foi Baker, Wood and Lawrence, executed with them a note for $2000 to the defendant, payable in one year; and at the same time, Baker, one of the principals, for the purpose of securing the note, assigned to the defendant a bond and…
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Appeal from the supreme court, where Schroeppell filed his bill against Shaw to be relieved against a judgment at law The case, as it appeared on the pleadings and proofs, was as follows: On the 4th of April, 1837, the plaintiff, as surety foi Baker, Wood and Lawrence, executed with them a note for $2000 to the defendant, payable in one year; and at the same time, Baker, one of the principals, for the purpose of securing the note, assigned to the defendant a bond and mortgage against Joseph I. Bradley and William Jackson, given on the 30th Hay, 1836, for $3000 payable in five equal annual…
1Opinion of the CourtHarris, J.
Courts of law and of equity are governed by the same principles in determining whether a surety has been discharged by any thing done by his creditor. Defences of this character, Avhatever they once may have been, are no longer the subject of exclusive equity jurisdiction. Now, the same facts which will exonerate the surety from liability in equity, will constitute a sufficient defence at law.
It is also a familiar principle, that Avhere a party has had' an opportunity to avail himself of a defence at law, and has omitted to do so, he can not afterwards resort to a court of equity to obtain…
2Cases cited5 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Pain v. PackardNew York Supreme Court · 1816
- Norton v. WoodsNew York Court of Chancery · 1835
- Taggard v. Curtenius & JonesNew York Supreme Court · 1836
3Cited by37 opinions
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- McKecknie v. . WardNew York Court of Appeals · 1874
- Barhydt v. . EllisNew York Court of Appeals · 1871
- Tyler v. Capitol Indemnity InsuranceCourt of Appeals of Maryland · 1955
- First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
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