Legal Opinion

McNaught v. . McClaughry

New York Court of Appeals

Decided March 17, 1870PublishedCited by 27 opinions

The judge before whom this cause was tried, found the facts of the case, to be the following, viz.: On the 28th day of April, 1855, Abram McClaughry, for a good and valuable consideration, executed his promissory note in writing, dated that day, whereby he promised" to pay to the plaintiff, or hearer, the sum of $800 with interest, and at the same time delivered said note to the plaintiff, who is the legal owner and holder thereof) and nothing has been paid thereon.

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The judge before whom this cause was tried, found the facts of the case, to be the following, viz.: On the 28th day of April, 1855, Abram McClaughry, for a good and valuable consideration, executed his promissory note in writing, dated that day, whereby he promised" to pay to the plaintiff, or hearer, the sum of $800 with interest, and at the same time delivered said note to the plaintiff, who is the legal owner and holder thereof) and nothing has been paid thereon. That, at the same time with the execution and ' delivery of said note, Abram McClaughry promised and agreed to, and with the…

1Opinion of the CourtHunt, J.

The case presents but a single question. Abram McClaughry borrows money or makes a purchase of the plaintiff, for which he gives him his note for $300, with interest. Ho time of payment is specified. At the time of making and delivering the note, Abram promised and agreed with the plaintiff, that he would procure his father to sign the note as surety, if at any time the plaintiff should desire it, or should deem himself insecure. The plaintiff accepted the note upon this agreement. In a few months the plaintiff desired the additional security, and Abram procured his father to sign the note…

2Cases cited2 opinions

  1. Moies v. BirdMassachusetts Supreme Judicial Court · 1814
  2. Clark v. RawsonNew York Supreme Court · 1846

3Cited by27 opinions

  1. Stroud v. ThomasCalifornia Supreme Court · 1903
  2. Marks v. First National BankSupreme Court of Alabama · 1885
  3. Erie County Savings Bank v. . CoitNew York Court of Appeals · 1887
  4. Ruby v. West Coast Lumber Co.Oregon Supreme Court · 1932
  5. Cowles Publishing Co. v. McMannWashington Supreme Court · 1946

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