Allen v. Bantel
New York Supreme Court
Appeal from a judgment of the county court of Monroe county, upon the verdict of a jury in favor of plaintiffs, in an action originating in justice’s court. In the summer of 1867, plaintiffs exchanged wagons with the defendant. The plaintiffs’ wagon was a new one, and the defendant’s an. old one. By the terms of the exchange defendant agreed to give, in addition to his wagon, $15 in money, and two notes against one Stephen Vaughn, for $50 each.
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Appeal from a judgment of the county court of Monroe county, upon the verdict of a jury in favor of plaintiffs, in an action originating in justice’s court. In the summer of 1867, plaintiffs exchanged wagons with the defendant. The plaintiffs’ wagon was a new one, and the defendant’s an. old one. By the terms of the exchange defendant agreed to give, in addition to his wagon, $15 in money, and two notes against one Stephen Vaughn, for $50 each. When defendant offered these notes in part payment of the difference between the prices of the two wagons, plaintiffs refused to accept them, on the…
1Opinion of the CourtMuimr, P. J.
The judgment appealed from must be- affirmed.
The plaintiffs testified and the jury must have found that the notes made by Vaughn were taken in part payment of the buggy sold to the defendant, upon his guaranty that the maker was solvent and able to pay them, and that they would be paid, and if they were not, he, defendant, would pay them.
¡Notes of third persons thus taken are not deemed to be taken as absolute payment, and if not paid the person delivering them, is liable for such part of the price of the property sold as the notes were intended to pay.
The general rule is, that the note of a…
2Cases cited7 opinions
- Noel v. . MurrayNew York Court of Appeals · 1855
- Whitbeck v. Van NessNew York Supreme Court · 1814
- Breed v. Cook & CadwellNew York Supreme Court · 1818
- Monroe v. HoffNew York Supreme Court · 1848
- Rew v. BarberNew York Supreme Court · 1824
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