Sanders v. Gillespie
New York Supreme Court
THIS is an appeal Horn a judgment rendered upon the report of a referee appointed by the Onondaga county court, and affirmed by that court.
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THIS is an appeal Horn a judgment rendered upon the report of a referee appointed by the Onondaga county court, and affirmed by that court. The referee finds, that on the 12th of September, 1870, one William W. Grillespie and the plaintiff were indebted to one Wilkinson, upon a judgment for $461.13, recovered upon a promissory note, of which the said Gillespie was the maker and the plaintiff an accommodation endorser ; that said judgment had been entered up against the maker alone, upon the promise of the plaintiff to see that an execution upon it was duly collected. That after entry of said…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The question presented upon this appeal is, whether the agreement of the defendant found by the referee, to pay the plaintiff the advances made by him in payment and satisfaction of the promissory note of W. W. Gillespie, is or is not a valid agreement. The whole agreement is contained in the instrument in writing, signed by the *625plaintiff, and delivered to the defendant at the time, as follows:
“Whereas D. A. Gillespie has this day endorsed a note of $400, payable to my order, the object of which is to pay a note of W. W. Gillespie, endorsed by me. How,…
2Cases cited1 opinion
- Mallory v. . GillettNew York Court of Appeals · 1860
3Cited by1 opinion
- L'Amoreux v. . GouldNew York Court of Appeals · 1852