Ray v. Birdseye
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The cause originated in a justice’s court and' was carried by appeal to the Onondaga common pleas, where judgment was obtained by the plaintiff, which, on writ of error, was reversed by the supreme court in January term, 1843. A report of the facts then appearing in the case, with the opinion of the court, will be found in 4 Hill, 158. Upon the second trial before the common pleas, it was shown by the plaintiff that in July, 1839, Ray, the…
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Error from the supreme court. The cause originated in a justice’s court and' was carried by appeal to the Onondaga common pleas, where judgment was obtained by the plaintiff, which, on writ of error, was reversed by the supreme court in January term, 1843. A report of the facts then appearing in the case, with the opinion of the court, will be found in 4 Hill, 158. Upon the second trial before the common pleas, it was shown by the plaintiff that in July, 1839, Ray, the plaintiff, signed a note with Houghtaling, as his surety. The note was for $200, payable January 1, 1841. Early in September,…
1Opinion of the Court
The Chancellor.
In the view I have taken of this case it. has become unnecessary for me to consider the question, whether the wheat, for the alleged conversón of which this suit was brought, was turned out to the plaintiff as a trustee, to sell the same and apply the proceeds to the payment of the note which he had signed as surety for Houghtaling, or was turned out to him as a security in the nature of a mortgage, to indemnify him against his liability as the surety for Houghtaling upon the note then held by Curtis. There is no faun* *624dation for even a pretence that Ray agreed to take the…
2Cases cited1 opinion
- Jackson ex dem. Center v. CampbellNew York Supreme Court · 1822
3Cited by31 opinions
- Buckley v. BuckleyNew York Supreme Court · 1850
- Knower v. Central National BankNew York Court of Appeals · 1891
- Story v. BlackMontana Supreme Court · 1883
- Ricker's PetitionSupreme Court of New Hampshire · 1890
- Ex parte LawDistrict Court, S.D. Georgia · 1866
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