White v. Williams
New York Court of Chancery
Hr July, 1815, the defendants, C. & W. W. Williams purchased of L. Kingsbury a farm in the county of Madison, and gave to him their negotiable note for a portion of the purchase-money. He sold the note to the complainant, who afterwards negotiated it to J. & W. M. Burr; and the note not being paid when it fell due, the complainant was duly charged as indorser thereof.
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Hr July, 1815, the defendants, C. & W. W. Williams purchased of L. Kingsbury a farm in the county of Madison, and gave to him their negotiable note for a portion of the purchase-money. He sold the note to the complainant, who afterwards negotiated it to J. & W. M. Burr; and the note not being paid when it fell due, the complainant was duly charged as indorser thereof. A suit was afterwards brought and judgment obtained in the name of the holders of the note against the drawers in the Supreme Court; which judgment was docketed and an execution issued thereon upon the 9th of January, 1819. The…
1Opinion of the Court
The Chancellor :—The claim of the complainant for a specific lien on the premises upon the ground that his judgment was obtained- on a note given for a part of the purchase-money cannot be sustained. At the time he bought the note of Kingsbury the latter unquestionably had such a *507lien; but it is not pretended there was any agreement that such lien should be transferred to the complainant. If Kingsbury could be considered as still retaining any such claim after the transfer of the note, it must be on account of his liability as indorser thereof. But there is no evidence or even allegation that…
2Cited by15 opinions
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- Orendorf v. BudlongU.S. Circuit Court for the District of Eastern Michigan · 1882
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