Kasson v. Smith
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit in April, 1830, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of assumpsit, tried at the Oneida circuit in April, 1830, before the Hon. Nathan Williams, one of the circuit judges. The action was against the defendant as second endorser of a promissory note of $800, endorsed by the defendant for the accommodation of the maker, J. Rogers, under the following circumstances: In the spring of 1828, the plaintiff in this cause stood bound as the accommodation endorser of Rogers for the payment of a debt at the Bank of Utica of about $500, and also of a draft drawn by Rogers on Douglass & Dunn of Albany, for $643, which had been delivered to…
1Opinion of the Court
By the Court, Nelson, J.
The note upon which this suit is brought was made and endorsed by the defendant for the benefit of Rogers, for the avowed purpose of raising money at the Utica Bank to pay a draft of his of $643, and a note at the bank. It was not intended for the benefit of the plaintiff, any further than that the application of the money to be raised upon it was to extinguish demands, for the payment of which he was surety. The benefit to him was incidental. All this was known to the plaintiff; he had no right therefore, on the failure to procure it to be discounted, to hold it for…
2Cases cited1 opinion
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by6 opinions
- Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905
- McKnight v. . DevlinNew York Court of Appeals · 1873
- Armstrong v. CookIndiana Supreme Court · 1868
- Spencer v. . BallouNew York Court of Appeals · 1858
- McKnight v. DevlinNew York Court of Appeals · 1873
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