Curtis v. Brown
New York Supreme Court
This was an action of assumpsit, tried at the Columbia circuit in September, 1825, before Edmonds, C. Judge. The plaintiff declared upon a guaranty endorsed on a promissory note. The note given in evidence upon the trial was in the following words: “ For value received I promise to pay to Chester Brown or bearer, fifty dollars, six months from date, with use. Canaan, April 2, 1838. [Signed] G. F. Brown.”
Read the full summary
This was an action of assumpsit, tried at the Columbia circuit in September, 1825, before Edmonds, C. Judge. The plaintiff declared upon a guaranty endorsed on a promissory note. The note given in evidence upon the trial was in the following words: “ For value received I promise to pay to Chester Brown or bearer, fifty dollars, six months from date, with use. Canaan, April 2, 1838. [Signed] G. F. Brown.” On the back of this note was endorsed a guaranty, signed by the defendant, as follows : “ I guaranty the payment of the within.” The plaintiff proved that the note was transferred to him by…
1Opinion of the Court
By the Court, Harris, P. J.
If it could now be considered as an open question I should feel inclined to hold, with Mr. Justice Bronson in his dissenting opinion in the case of Manrow v. Durham, (3 Hill, 584,) that the guaranty in this case was void by the statute of frauds, for the want of a consideration expressed. Before the decision of that case it had been held that where the guaranty was endorsed at the time the note was made, and constituted a part of the same transaction, both instruments should be taken together, and the same consideration which would uphold the one, would also support…
2Cases cited2 opinions
- Allen v. RightmereNew York Supreme Court · 1823
- Hough v. GrayNew York Supreme Court · 1838
3Cited by5 opinions
- Ellis v. BrownNew York Supreme Court · 1849
- National Loan & Building Ass'n v. LichtenwalnerSupreme Court of Pennsylvania · 1882
- East River Bank v. RogersThe Superior Court of New York City · 1860
- Celestus Blair, Jr. v. Steven Shanahan James Lassus Stephen Paulson Frank Jordon City of San Francisco, and People of the State of California, Intervenor. Celestus Blair, Jr. v. People of the State of California, Intervenor-Appellant, and Steven Shanahan James Lassus Stephen Paulson Frank Jordon City of San Francisco, Celestus Blair, Jr., Plaintiff-Appellant-Cross-Appellee v. Steven Shanahan James Lassus Stephen Paulson Frank Jordon City of San Francisco, Defendants-Appellees-Cross-Appellants, and People of the State of California, Intervenor-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1994
- Succession of WilliamsSupreme Court of Louisiana · 1870