King v. Baldwin
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the Court of Chancery. The defendant, Fonder, being indebted to the testator, Elisha Baldwin, on the 1st of October, 1806. executed, together with the plaintiff, as his security, a promissory note to E. is., for the sum of 33a dollars and 89 cents, payable on demand, with interest. In 1811, Fowler obtained his discharge under the insolvent act.
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APPEAL from the Court of Chancery. The defendant, Fonder, being indebted to the testator, Elisha Baldwin, on the 1st of October, 1806. executed, together with the plaintiff, as his security, a promissory note to E. is., for the sum of 33a dollars and 89 cents, payable on demand, with interest. In 1811, Fowler obtained his discharge under the insolvent act. It appeared in evidence, that in 1808, 1809, and 1810. Fowler being embarrassed in his circumstances, King called on E. B., represented his approaching insolvency, and urged him to collect the money of F., which E. B. refused to' do; and…
1Opinion of the Court
Spencer, Ch. J.
The following facts I consider sufficiently proved and established. That the appellant signed the note as surety with Fowler to Baldwin; that, in 1808 and 1810, the appellant applied to Baldwin, representing the approaching insolvency of Fowler, and earnestly urged him to prosecute Fowler and collect the note; that Baldwin peremptorily refused to do so, declaring he would not trouble Fowler, if he never got his money.
That, prior to the month of June, 1812, Fowler was discharged from his debts under the insolvent act, and in the month of June, 1812, the note given by the…
2Cases cited2 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
3Cited by78 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Philbrooks v. McEwenIndiana Supreme Court · 1868
- Samuel Sprigg, in Error v. The Bank of Mount PleasantSupreme Court of the United States · 1836
- Ward v. Van BokkelenNew York Court of Chancery · 1828
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