Sisson v. Barrett
New York Supreme Court
Motion for judgment upon a special verdict. The action was assumpsit. The plaintiff declared upon the money counts, and gave notice that he would give in evidence a note upon which he had paid moneys as surety for the defendant, viz. the sum of §1122,50 and interest from the 1st day of October, 1847. The note was as follows: 11 §2000. For value received, we jointly and-severally promise to pay Wm.
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Motion for judgment upon a special verdict. The action was assumpsit. The plaintiff declared upon the money counts, and gave notice that he would give in evidence a note upon which he had paid moneys as surety for the defendant, viz. the sum of §1122,50 and interest from the 1st day of October, 1847. The note was as follows: 11 §2000. For value received, we jointly and-severally promise to pay Wm. Davis, his heirs or assigns, two thousand dollars one year from date at seven per cent interest. Poughkeepsie, January, 1st, 1842. E. L. Barrett. O. D. Barrett. Jacob Sisson, Surety.” The defendant…
1Opinion of the Court
By the Court, Barculo, J.
The note was made for the benefit of Edward L. Barrett the first signer. The jury have found, by the special verdict, that Caleb D. Barrett was a surety for Edward L. Barrett. Sisson, the third signer, added to his signature the word “ surety.” There is nothing else to show the understanding of the parties, or the circumstances under which their respective signatures were made. The single question then arises, upon this state of facts, whether the legal effect of the word “ surety,” added to the plaintiff’s name, constitutes him a surety, as to both of the previous…
2Cases cited2 opinions
- Harris v. WarnerNew York Supreme Court · 1835
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