Walrod v. Ball
New York Supreme Court
This was an appeal, by the defendant, from a judgment entered against him at the circuit, upon the verdict of a jury. The action was brought against the defendant to recover damages for Ms neglect and refusal to collect or secure a note made on the 8th of March, 1831, by Lyman Sherwood and three others, and to pay over to the plaintiff the money due upon said note, according to a covenant made by the defendant on the 21st of April, 1831. Most of the facts in the cause are…
Read the full summary
This was an appeal, by the defendant, from a judgment entered against him at the circuit, upon the verdict of a jury. The action was brought against the defendant to recover damages for Ms neglect and refusal to collect or secure a note made on the 8th of March, 1831, by Lyman Sherwood and three others, and to pay over to the plaintiff the money due upon said note, according to a covenant made by the defendant on the 21st of April, 1831. Most of the facts in the cause are stated in the opinion of the court, and need not be repeated. On the trial of the cause, S. G. Rockwell, a witness on the…
1Opinion of the Court
By the Court, Gridley, J.
On the 8th of March, 1831, Lyman Sherwood, Ephraim Whipple, Nathaniel Barmour and Anson Whipple executed, under their hands and seals, a note by which they promised to pay, one year from the first day of September then next, to Samuel Ball or bearer, three hundred and fifty dollars with use. On the note is a guaranty, executed by Samuel Ball under his hand and seal and dated on the 30th of April, 1831, that the note and interest should be paid when due, to 0. N. Potter or bearer. On the 21st day of April, 1842, Ball executed a covenant to Potter, which, after reciting…
2Cases cited2 opinions
- Bennett v. BurchCourt for the Trial of Impeachments and Correction of Errors · 1845
- Jefferson County Bank v. ChapmanNew York Supreme Court · 1822
3Cited by17 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Adams v. SlateIndiana Supreme Court · 1882
- Boyer v. FennAppellate Terms of the Supreme Court of New York · 1897
- Morange v. . MixNew York Court of Appeals · 1871
12 more not listed; retrieve them via the Exa API.