Sisson v. . Barrett
New York Court of Appeals
Jacob Sisson brought assumpsit in the supreme court, against Caleb D. Barrett and Edward L. Barrett, for money paid to their use.
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Jacob Sisson brought assumpsit in the supreme court, against Caleb D. Barrett and Edward L. Barrett, for money paid to their use. Caleb D. Barrett pleaded the general issue, and the case was tried before Barculo, J. at the Dutchess county circuit, in December, 1848. Trial by jury was waived,1 and the judge found the following facts: On the 1st of January, 1842, the plaintiff and defendants gave their note to William Davis, as follows: “ $2000. For value received, we jointly and severally promise to pay Wm. Davies, his heirs or assigns, two thousand dol- ■ lars, one year from date, at seven…
1Opinion of the CourtBronson, J.
If the finding of the judge was an authorized proceeding, it was in the nature of a special verdict, which must find facts, and not the mere evidence of facts. It must not leave a part of the facts to be presumed, but must find all that are deemed material, so that the court will have nothing to do but to declare the law-. If we follow these rules it will be found that the plaintiff’s case is open to two objections. He seeks to recover on the ground that he was a surety; but that fact has not been found. Although he added the word “ surety” to his name when signing the note, it is quite…
2Cases cited1 opinion
- Harris v. WarnerNew York Supreme Court · 1835
3Cited by1 opinion
- Lamb v. First Presbyterian SocietySupreme Court of Iowa · 1865