Cooke v. Nathan
New York Supreme Court
This action was brought to recover the sum of $160 and interest from November 19,1849, upon the defendant’s guaranty of a promissory note made by one Joseph Yale, payable to the defendant or bearer and sold by the defendant to the plaintiff. The guaranty was as follows : “Sold Woodbury K. Cooke one note signed Joseph Yale, for $160 dollars and the interest, and received payment in full for the same, and agree tljat it is good. February 14th, 1850. (Signed) Mayer Nathan.”
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This action was brought to recover the sum of $160 and interest from November 19,1849, upon the defendant’s guaranty of a promissory note made by one Joseph Yale, payable to the defendant or bearer and sold by the defendant to the plaintiff. The guaranty was as follows : “Sold Woodbury K. Cooke one note signed Joseph Yale, for $160 dollars and the interest, and received payment in full for the same, and agree tljat it is good. February 14th, 1850. (Signed) Mayer Nathan.” The complaint alleged that before. the note became due Yale left the state, and had not since returned; that although the…
1Opinion of the Court
By the Court, Shankland, J.
The guaranty that the note “ is good,” is in law a contract that the maker is solvent, and that the amount can be collected by due course of law. At the time this contract was entered into, Yale, the maker, resided in this state, but before the note fell due, he absconded to another state and has remained there ever since. We hold on the authority of White v. Case, (13 Wend. 543,) that the plaintiff is not bound to follow him out of the state, nor to issue an attachment, or commence any action against such absent debtor, when he has no property in this state. In…
2Cases cited3 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Many v. Beekman Iron Co.New York Court of Chancery · 1841
- White v. CaseNew York Supreme Court · 1835
3Cited by16 opinions
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- Milan Bank v. RichmondSupreme Court of Missouri · 1911
- Ryon v. John Wanamaker, New York, Inc.New York Supreme Court · 1921
- Johnson v. HathornNew York Court of Appeals · 1866
- Stevens v. Board of SupervisorsMichigan Supreme Court · 1886
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