Fulton v. Matthews
New York Supreme Court
THIS was an action of assumpsit on a promissory note, dated October 25th, 1815, by which the defendant Wedge promised to pay W. Atherton, or order, 85 dollars, by the first of January next, with interest. The note was signed by Wedge, and underneath his name was subscribed the name of the defendant Matthews, in the following manner: “ Thos. Matthews, security.”
Read the full summary
THIS was an action of assumpsit on a promissory note, dated October 25th, 1815, by which the defendant Wedge promised to pay W. Atherton, or order, 85 dollars, by the first of January next, with interest. The note was signed by Wedge, and underneath his name was subscribed the name of the defendant Matthews, in the following manner: “ Thos. Matthews, security.” On the note was indorsed an assignment from the payee to the plaintiff, dated November 11th, 1817. The cause was tried before Mr. J. Platt, at the Steuben circuit, in June, 1818.- O11 the part of the defendant Matthews, who alone had…
1Opinion of the CourtSpencer, J.
This suit is on a negotiable note, signed by Wedge, and by Matthews, to whose signature is attached the word “ security.”
The defence relied on was, that the payee of the note, after it became due, and before it was endorsed, had given time to the principal; and that a suit had been brought by the original payee of the note, in Steuben Common Pleas, which suit was, afterwards, discontinued; and that, probably, had the suit proceeded, a recovery might have been had against Wedge, who is now insolvent, and has left the state. It does not appear that Matthews ever requested the payee, or the…
2Cases cited1 opinion
- King v. BaldwinNew York Court of Chancery · 1817
3Cited by21 opinions
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Kellogg v. . OlmstedNew York Court of Appeals · 1862
- Thompson v. HallNew York Supreme Court · 1866
- Austin v. Curtis & WalkerSupreme Court of Vermont · 1858
- Carson Opera House Ass'n v. MillerNevada Supreme Court · 1881
16 more not listed; retrieve them via the Exa API.