Rodman v. Hedden
New York Supreme Court
Error from the New-York common pleas. Josiah Hedden sued John Rodman. The declaration contains several counts. 'The first count states that on the 30th August, 1819, Hedden endorsed a note for Rodman’s accommodation, for the sum of $118, payable in 60 days ; that Rodman engaged to provide funds for the payment of the note when due, and to indemnify and save harmless Hedden for any loss, &c.; that Rodman negotiated the note, but neglected to provide funds for its payment, by…
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Error from the New-York common pleas. Josiah Hedden sued John Rodman. The declaration contains several counts. 'The first count states that on the 30th August, 1819, Hedden endorsed a note for Rodman’s accommodation, for the sum of $118, payable in 60 days ; that Rodman engaged to provide funds for the payment of the note when due, and to indemnify and save harmless Hedden for any loss, &c.; that Rodman negotiated the note, but neglected to provide funds for its payment, by means whereof, on the 1st January, 1823, Hedden was obliged to pay and did pay to one D. Jacot, the holder of the note,…
1Opinion of the Court
By the Court,
Sutherland, J.
The principal question in this case is, when did the plaintiff’s cause of action against the defendant accrue %
The payments by the plaintiff, on account of the note negotiated to Harrison, were made on or before the third day of *500April, 1821. So far as this portion of the plaintiff’s cause of action is concerned, therefore, it accrued before Rodman left the state.
As to the cause of action set forth in the first count of the declaration : On the 26th May, 1821, Hedden, having previously paid $20, made a further payment of $100 on a ca. sa. which had been issued…
2Cases cited3 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Butler v. WrightNew York Supreme Court · 1829
3Cited by8 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Goodrich v. LelandMichigan Supreme Court · 1869
- M'Lean v. RagsdaleMississippi Supreme Court · 1856
- Culver v. Wilbern Bros.Supreme Court of Iowa · 1878
- Drake v. PorterNew York Supreme Court · 1878
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