Corn Exchange Insurance v. Babcock
New York Supreme Court
Appeal from a judgment. This action was brought by the Corn Exchange Insurance Company against Edward Babcock. The judgment appealed from was entered upon the report of a referee dismissing the complaint, with one hundred and fifty-nine dollars and nine cents costs.
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Appeal from a judgment. This action was brought by the Corn Exchange Insurance Company against Edward Babcock. The judgment appealed from was entered upon the report of a referee dismissing the complaint, with one hundred and fifty-nine dollars and nine cents costs. The action was "brought upon a check made "by the defendant, duly stamped, dated December 21, 1863, for four hundred and twenty-one dollars and fifty-four cents, payable to the Corn Exchange Insurance Company, or order, at the Merchants’ & Mechanics’ Bank, Troy. The answer, among other issues, alleged that Stephen E. Babcock gave…
1Opinion of the Court
By the Court.—Hogeboom, J.
Although the referee has not found the fact, yet the uncontradicted proof establishes it, and the referee would doubtless have found it upon request, that the note prosecuted in the other action, so far as it covered four hundred dollars of the amount prosecuted for in this suit, was given as merely collateral thereto, and as additional security therefor, and not in payment or satisfaction thereof, or as a substitute therefor. As a general if not a universal proposition, remedies upon the primary debt and upon the collateral security may be prosecuted at the same…
2Cases cited1 opinion
- Hawks v. HinchcliffNew York Supreme Court · 1854
3Cited by3 opinions
- Albright v. GriffinIndiana Supreme Court · 1881
- Sterne v. TalbottNew York Supreme Court · 1895
- Queens County Bank v. LeavittNew York Supreme Court · 1890