Wagman v. Hoag
New York Supreme Court
This suit was commenced in April, 1850, and the complaint was on two notes, dated April 1,1845, signed hy the defendant and 13. Losee, one for $2000, the other for $3000, both joint and several, and payable one year after date, to the plaintiffs or bearer, with interest. The defendant denied indebtedness, and alledged that the notes were executed by him as surety for Benjamin Losee, without any consideration whatever, which the plaintiff knew.
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This suit was commenced in April, 1850, and the complaint was on two notes, dated April 1,1845, signed hy the defendant and 13. Losee, one for $2000, the other for $3000, both joint and several, and payable one year after date, to the plaintiffs or bearer, with interest. The defendant denied indebtedness, and alledged that the notes were executed by him as surety for Benjamin Losee, without any consideration whatever, which the plaintiff knew. That the plaintiffs had indorsed two notes for Losee at the Saratoga County Bank, one for $2000 and the other for $1000, both dated February 11,1845,…
1Opinion of the Court
By the Court, Hand, J.
The defendant insists that the plaintiffs should have declared upon the special agreement and not upon the notes. That is necessary sometimes, where the liability of the defendant is solely upon an agreement collateral in terms. (1 Saund. 211, a. b. Northrup v. Jackson, 13 Wend. 85.) But in this case, the suit is directly upon the notes, which *238import consideration; and the questions in the case arise upon the defense. Many actions have been sustained upon notes, held as collateral security. (See Chitty on Bills, 845.)
The defendant further insists, that, as a presumption…
2Cases cited10 opinions
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- Elwood v. DeifendorfNew York Supreme Court · 1848
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- United States v. HodgeSupreme Court of the United States · 1848
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