Warner v. Price
New York Supreme Court
This was an action of indebitatus assumpsit, to recover monies alleged to have been paid by the plaintiff for the defendants, tried at the Livingston circuit in October, 1828, before the Hon. John Birdsall, then one of the circuit judges.
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This was an action of indebitatus assumpsit, to recover monies alleged to have been paid by the plaintiff for the defendants, tried at the Livingston circuit in October, 1828, before the Hon. John Birdsall, then one of the circuit judges. A promissory note for the sum of $800, bearing date 19th April, 1826, was signed by Jacob Price, Alfred Jones, Emanuel Case and John Markham, (the defendants in this cause, payable in four months to the president, directors and company of the bank of Ontario, to be discounted by the bank for the accommodation and sole benefit of Price. The bank refused to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first question is, whether the plaintiff was surety for all the defendants who preceded him as makers of the note, or for Price only? What passed between Price and the plaintiff when he subscribed his name does not appear; but what was said to Matthew Warner was sufficient to apprize him that Price alone was to be benefitted by the money, and when he was asked to become surety, he could not suppose that those who had preceded him stood in any other character than sureties. The note, when presented to the plaintiff, was perfect, and he might have advanced the…
2Cited by25 opinions
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
- Norton v. CoonsNew York Supreme Court · 1846
- Houck v. GrahamIndiana Supreme Court · 1886
- Harris v. WarnerNew York Supreme Court · 1835
- Bulkeley v. HouseSupreme Court of Connecticut · 1893
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