Robison v. Lyle
New York Supreme Court
This was an action of assumpsit, tried at the Columbia circuit, January, 1850, before Mr. Justice Watson. Upon the trial, the plaintiff-gave in evidence a note, of which the following is a copy: “ $600. On demand, for value received, we or either of us, promise to pay John W. Waldorf, or bearer, six hundred dollars with interest from date. January 6, 1845. Peter Robison. Charles Robison. Jacob I. Stall. Zachariah D. Feller. John V. A. Lyle, Security.”
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This was an action of assumpsit, tried at the Columbia circuit, January, 1850, before Mr. Justice Watson. Upon the trial, the plaintiff-gave in evidence a note, of which the following is a copy: “ $600. On demand, for value received, we or either of us, promise to pay John W. Waldorf, or bearer, six hundred dollars with interest from date. January 6, 1845. Peter Robison. Charles Robison. Jacob I. Stall. Zachariah D. Feller. John V. A. Lyle, Security.” The plaintiff proved the payment of the note by him to the defendant as the attorney of the payee. The plaintiff also proved that the money,…
1Opinion of the Court
By the Court, Harris, J.
Upon the trial the defendant rested his defense upon two grounds, either of which, if sustained by the evidence, would have entitled him to a verdict in his favor. In the first place he insisted that the plaintiff, as well as Peter Robison, was a principal debtor upon the note, and that the other makers, with himself, were sureties for the two Robisons, and then, whether the plaintiff ivas a principal debtor or not, that he, the defendant, was only a surety for all the other makers. Upon "these questions parol evidence was admissible. As between the makers of the note…
2Cited by14 opinions
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- Adams v. FlanaganSupreme Court of Vermont · 1863
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