Coburn v. . Wheelock
New York Court of Appeals
Appeal from a judgment of the Supreme Court in the fifth district, affirming a judgment in favor of the plaintiff ordered at circuit, on trial by the court without a jury. The action was brought to recover the one-fifth part of a sum of money which the plaintiff had paid in satisfaction of a promissory note executed by the plaintiff, the defendant’s intestate, and three other persons.
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Appeal from a judgment of the Supreme Court in the fifth district, affirming a judgment in favor of the plaintiff ordered at circuit, on trial by the court without a jury. The action was brought to recover the one-fifth part of a sum of money which the plaintiff had paid in satisfaction of a promissory note executed by the plaintiff, the defendant’s intestate, and three other persons. The court found the following facts: On the 15th July, 1861, the defendant’s intestate, together with the plaintiff, Martin L. Graves, Russell ' Wilmot and Leroy Wood, made and delivered their joint and several…
1Opinion of the Court
This case was correctly disposed of by the court below. The testimony shows, without dispute, that the makers of the note executed it for the accommodation of the corporation, at the request of its president, who, by the by-laws, was its general agent. Their position was, therefore, that of co-sureties for the company, and they were jointly and severally liable to pay the whole amount of the note to the payee, but, as between themselves, each was liable to pay one-fifth of the whole and no more. The former liability was created by the express terms of their contract; the latter is implied by…
2Cited by3 opinions
- Walker v. LewisTexas Supreme Court · 1878
- Kuhl v. HubbardNew York Supreme Court · 1978
- Clark v. MyersNew York Supreme Court · 1877