Lamourieux v. Hewit
New York Supreme Court
Error from the Madison common pleas. Hewit sued Lamouriex in a justice^ court, on a warranty endorsed on a promissory note given by P. Wilkinson, payable to S. Beecher or bearer on the 10th October, 1827. Lamourieux sold the note to one Tuttle previous to its becoming due, and endorsed a warranty thereon in these words: “ I warrant the collection of the within note for value received,” and signed the same.
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Error from the Madison common pleas. Hewit sued Lamouriex in a justice^ court, on a warranty endorsed on a promissory note given by P. Wilkinson, payable to S. Beecher or bearer on the 10th October, 1827. Lamourieux sold the note to one Tuttle previous to its becoming due, and endorsed a warranty thereon in these words: “ I warrant the collection of the within note for value received,” and signed the same. Tuttle sold the note to one Cummings, who transferred it to one Ingles, who was the holder thereof when it fell due. Ingles sold the note to the plaintiff, who, on the 3d January, 1828,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Due diligence was used in prosecuting the maker. In Moakley v. Riggs, 19 Johns. R. 69, it was held that a delay of 19 months was unreasonable, and discharged the guaranty, and that a term should not have been suffered to pass; which principle was recognized in Kies v. Tifft, 1 Cowen, 98. But this doctrine was held in Thomas v. Woods, 4 Cowen, 183, not applicable where the original debtor is insolvent.
I am of opinion, however, that an action cannot be maintained on the guaranty in the name of the present plaintiff. The defendant was liable upon his guaranty, not as…
2Cited by28 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Dean v. HallNew York Supreme Court · 1837
- Coleman v. . FullerSupreme Court of North Carolina · 1890
- Ellis v. BrownNew York Supreme Court · 1849
- Dunham v. PetersonNorth Dakota Supreme Court · 1896
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