Campbell v. Tate
New York Supreme Court
The action was brought to recover the amount due upon a promissory note made by defendants for the sum of $300. The defendant, Shearer, interposed no defence, and the defendant, Tate, defended as stated in the opinion. The cause was tried at the Delaware County Circuit, in January, 1871, before Justice Boardman and a jury.
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The action was brought to recover the amount due upon a promissory note made by defendants for the sum of $300. The defendant, Shearer, interposed no defence, and the defendant, Tate, defended as stated in the opinion. The cause was tried at the Delaware County Circuit, in January, 1871, before Justice Boardman and a jury. The justice excluded the defence, as is also stated in the opinion, and directed a verdict in favor of the plaintiff for $354.72, the amount of the note and interest. Exceptions were taken by the defendants’ counsel to the rulings of the justice, and a list of exceptions…
1Opinion of the Court
By the Court—
Miller, P. J.
This was an action against the defendants as makers of a promissory note. The defendant, Tate, alone appeared and set up as a defence that he signed the note as surety, and that this was known to the plaintiff, who neglected and refused to collect the note of the principal debtor while he was solvent, although requested to do so by the defendant; and that such principal debtor had become insolvent and had left the State. The judge upon the trial held that the answer contained no defence, and excluded evidence offered to prove the facts therein contained.
The question…
2Cases cited8 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Barry v. . RansomNew York Court of Appeals · 1855
- Chester v. . the Bank of KingstonNew York Court of Appeals · 1857
- Erwin v. SaundersNew York Supreme Court · 1823
- Robison v. LyleNew York Supreme Court · 1851
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3Cited by5 opinions
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Toomey v. AndrewsNew York Supreme Court · 1872
- Anthony v. FrittsSupreme Court of New Jersey · 1883
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- Benjamin v. ArnoldNew York Supreme Court · 1874