Candee v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made July 17, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The note having been merged in the judgment no longer exists, and the judgment being against Corbin alone, he alone is bound by it, and Smith is discharged thereby.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made July 17, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The note having been merged in the judgment no longer exists, and the judgment being against Corbin alone, he alone is bound by it, and Smith is discharged thereby. (Robertson v. Smith, 18 Johns. 457; Chitty on Bills, 350; Pierce v. Kearney, 5 Hill, 85; Oakley v. Aspinwall, 4 N. Y.…
1Opinion of the Court
Ruger, Ch. J.
On the. 4th day of October, 1874, the respondent, who was the payee and holder of a joint promissory note for $800, dated May 1,1874, made by Dewitt O. Corbin, Byron D. Person and Erasmus H. Smith, and payable six months after date, with interest at the Bank of Attica, Buffalo, took judgment thereon by confession for the whole amount due, against the defendant Corbin alone. Thereafter he caused execution to be issued upon such judgment, and collected a portion by a sale of Corbin’s property thereunder. A part of the judgment remaining uncollected, in July, 1877, the respondent…
2Cases cited4 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Ehle v. BinghamNew York Supreme Court · 1849
- Risley v. . BrownNew York Court of Appeals · 1876
- Heywood v. City of BuffaloNew York Court of Appeals · 1856
3Cited by21 opinions
- The Rider Life Raft Co. v. . RoachNew York Court of Appeals · 1884
- United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
- Outcalt v. CollierSupreme Court of Oklahoma · 1899
- McMaster v. City Nat. Bank of LawtonSupreme Court of Oklahoma · 1909
- Stedeker v. . BernardNew York Court of Appeals · 1886
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