La Farge v. Herter
New York Supreme Court
Debt on judgment. Plea nil debet, with notice of special matter. Issue tried at the Jefferson circuit in June, 1844, before Grídley, C. Judge. The plaintiff produced a record of a judgment in this court in his favor against the defendants, for $424,09, and rested.
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Debt on judgment. Plea nil debet, with notice of special matter. Issue tried at the Jefferson circuit in June, 1844, before Grídley, C. Judge. The plaintiff produced a record of a judgment in this court in his favor against the defendants, for $424,09, and rested. On the part of the defendants it was shewn that the judgment was recovered on a promissory note made by the defendants for a debt due from Herter, Dillenback being a surety; and that after an execution had been issued on the judgment and levied on the personal property of Herter, the latter executed to the plaintiff a bond and…
1Opinion of the Court
By the Court, Beardsley, J.
On the trial the plaintiff’s counsel objected to proof that the defendant Dillenback was surety, in the note on which the judgment had been recovered, for his co-defendant Herter; but the objection was overruled, and the fact of such suretiship, which was showb, seems to have constituted an essential ground for the verdict rendered by the jury. I think this evidence should not have been received. By the recovery of the judgment against Dillenback, his character as surety was gone, and as between him and the plaintiff he was thenceforth a principal debtor. This point…
2Cases cited2 opinions
- Lenox v. ProutSupreme Court of the United States · 1818
- Bangs v. StrongNew York Court of Chancery · 1842
3Cited by7 opinions
- Hubbell v. CarpenterNew York Supreme Court · 1849
- La Farge v. HerterNew York Supreme Court · 1850
- Storms v. ThornNew York Supreme Court · 1848
- Dunham v. DownerSupreme Court of Vermont · 1858
- Hubbell v. CarpenterNew York Supreme Court · 1848
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