Clark v. . Sickler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff .entered upon the report of a referee. This action was upon a joint and several promissory note made by defendant and one Mott, payable to William S." Wright (plaintiff’s intestate) or bearer. Defendant signed as surety in fact for Mott, of which the payee had knowledge.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff .entered upon the report of a referee. This action was upon a joint and several promissory note made by defendant and one Mott, payable to William S." Wright (plaintiff’s intestate) or bearer. Defendant signed as surety in fact for Mott, of which the payee had knowledge. The referee found that after the note became due Mott borrowed the money and went to the house of Wright for the purpose of paying the note and offered the money to Wright’s wife, who was…
1Opinion of the Court
Church, Ch. J.
This action is upon a promissory note made by one Mott, as the principal debtor, and by the defendant’s intestate as his surety. The referee found that Mott, the principal debtor, some time after the note was due, went to the holder with the money to pay it, which the latter (by his wife acting for him with authority), declined to receive, giving as a reason that he had üo use for the money, and requested that Mott would keep it. It is also found that Mott was then solvent, and afterwards became insolvent, and the question is, whether the surety is discharged. As a matter of…
2Cases cited5 opinions
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Remsen v. . BeekmanNew York Court of Appeals · 1862
- Thompson v. HallNew York Supreme Court · 1866
- Sears v. Van DusenMichigan Supreme Court · 1872
- Second Nat. B'k of Oswego v. . PoucherNew York Court of Appeals · 1874
3Cited by18 opinions
- Wheeler v. . SweetNew York Court of Appeals · 1893
- White's Adm'r v. Life Ass'n of AmericaSupreme Court of Alabama · 1879
- United States v. De VisserDistrict Court, S.D. New York · 1882
- Cusick v. IfshinCivil Court of the City of New York · 1972
- Foster v. GastonIndiana Supreme Court · 1890
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