Dillenbeck v. . Dygert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which denied a motion for a new trial, and directed that a judgment for plaintiff, entered upon verdict, be made absolute. Upon the trial exceptions were ordered to be heard at first instance at General Term. Judgment was directed to be entered on the verdict, the same to stand, however, as security only.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which denied a motion for a new trial, and directed that a judgment for plaintiff, entered upon verdict, be made absolute. Upon the trial exceptions were ordered to be heard at first instance at General Term. Judgment was directed to be entered on the verdict, the same to stand, however, as security only. This was ,an action for contribution. The following facts appeared: George W. Snell and the original defendants in this action were stockholders in a…
1Opinion of the CourtFinch, J.
We affirm this judgment upon the ground that the note, which was paid by George W. Snell, although extin guished as such by the fact of its payment, remained in the hands of Snell, the evidence of a right to contribution against his co-sureties, establishing both that they incurred the original obligation to contribute, and the fact of payment by Snell, which made that obligation operative in his favor; that the transfer of the note by Snell to the plaintiff was for a valuable eonsidération, and the court below correctly held that its delivery to the plaintiff passed to him the right of…
2Cases cited3 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Campbell v. MesierNew York Court of Chancery · 1819
3Cited by9 opinions
- Jackson v. LacyCalifornia Court of Appeal · 1940
- Shapiro v. ChernoffAppellate Court of Illinois · 1972
- Brady v. BradyCourt of Appeals of Maryland · 1909
- Curry v. LafonMissouri Court of Appeals · 1908
- Gardner v. BeanUtah Supreme Court · 1984
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