Stewart v. Small
New York Supreme Court
In Equity. This was an appeal, by the plaintiff, from a decree of the vice chancellor of the first circuit, dismissing the bill with costs. The bill alleged that in January, 1843, the defendants were doing business together as merchants, in the city of New-York, under the firm of Small, Williams & Co., and as such had a large demand accruing on account of goods sold and delivered, and otherwise, against Win.
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In Equity. This was an appeal, by the plaintiff, from a decree of the vice chancellor of the first circuit, dismissing the bill with costs. The bill alleged that in January, 1843, the defendants were doing business together as merchants, in the city of New-York, under the firm of Small, Williams & Co., and as such had a large demand accruing on account of goods sold and delivered, and otherwise, against Win. L. Reynolds, of the town of Pittsford, Monroe county; that Reynolds was then, and for a long time previous, had been in possession and ostensibly the owner of, a dwelling house, store and…
1Opinion of the Court
By the Court, Cady, P. J.
The note in controversy, for the purposes of this suit, must be regarded as made by the plaintiff *564as surety for William L. Reynolds, to the defendants. It was in fact made to one of the firm. The ground upon which the plaintiff asks for relief, is that his signature to the note was obtained by fraud or false pretences made to him by William L. Reynolds, who made the note'as principal? The plaintiff alleges in his b,ill that when W. L. Reynolds applied to him to sign the note he represented that the capital on which he and Mr. Yoorhies were doing business was all his,…
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- Gilbert v. Duncan, Sherman & Co.Supreme Court of New Jersey · 1861
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