Gallagher v. White
New York Supreme Court
THIS action was brought by James B. Gallagher against Stephen White. Both parties having died, after the commencement of the suit, the same was continued by George Gallagher and B. W. Olapp, the administrators of the plaintiff, against Oalista White, executrix, and J. C. .Streeter, executor pf the defendant. The action was brought by the original plaintiff, as holder of a promissory note made by one Swan, upon a guaranty indorsed thereon, signed by Stephen White.
1Opinion of the Court
By the Court, Brown, J.
This is an appeal from a judgment entered upon a verdict rendered at the Kings circuit, before Mr. Justice Emott, in November, 1858. The defendants’ testator, Stephen White, was prosecuted as the guarantor of a promissory note, of which James B. Gallagher became the holder, and upon the back of which the alleged guaranty was written. The note was dated November 14th, 1853, for the sum of $134, payable to Stephen White, the defendants’ testator, or bearer, six months after date, with use, and was signed by Elias A. Swan. The guaranty was in these words: For value…
2Cases cited4 opinions
- Moakley v. RiggsNew York Supreme Court · 1821
- Lamourieux v. HewitNew York Supreme Court · 1830
- Burt v. HornerNew York Supreme Court · 1849
- Cooper & Peabody v. DedrickNew York Supreme Court · 1856
3Cited by4 opinions
- Allen v. RundleSupreme Court of Connecticut · 1882
- Wakeman v. GowdyThe Superior Court of New York City · 1863
- Cady v. SheldonNew York Supreme Court · 1862
- Stockton v. RogersAppellate Terms of the Supreme Court of New York · 1896