Elwood v. Deifendorf
New York Supreme Court
In Eq.uity. The plaintiffs filed their bill in this suit on the 6th of Sept. 1845, to obtain payment from the estate and devisees of Henry Deifendorf, the father of the defendants, for money paid by Henry Elwood as surety for Henry Deifendorf.
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In Eq.uity. The plaintiffs filed their bill in this suit on the 6th of Sept. 1845, to obtain payment from the estate and devisees of Henry Deifendorf, the father of the defendants, for money paid by Henry Elwood as surety for Henry Deifendorf. The plaintiffs in their bill alleged, that, in the year 1830, Henry Deifendorf borrowed of Peter I. Miller $1000, and gave to Miller his promissory note for the amount, which was signed by David Deifendorf, and also by Henry Elwood as surety; that the money was borrowed for the sole benefit of Henry Deifendorf; that Henry Deifendorf made his will, and…
1Opinion of the CourtPaige, J.
The evidence, I think, establishes the allegation in the plaintiffs’ bill, that Henry Deifendorf was the principal debtor in the note for $1000, given to Peter I. Miller in 1830, and that Henry Elwood and David Deifendorf signed the note as his sureties. Henry Elwood swears that he signed the note by the request of Henry Deifendorf, and as his surety ; that the latter, when he applied to him for his signature, stated to him that he wanted the money, to be borrowed on the note, to enable him to redeem the farm of Abraham Deifendorf, (which had been sold on an execution;) and that frequently…
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