Spencer v. Harvey
New York Supreme Court
This was an action of assumpsit, tried at the Chautauque circuit in September, 1835, before the Hon. Charles H. Tuggles, one of the circuit judges.
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This was an action of assumpsit, tried at the Chautauque circuit in September, 1835, before the Hon. Charles H. Tuggles, one of the circuit judges. The suit was on a promissory note made by John I. Leonard and Russel Austin, for $1700, bearing date 1st February, 1833, payable one year after date, to the order of Silas Austin, by whom it was transferred to Charles R. Harvey; Harvey transferred it to Charles Butler, and Butler to the plaintiffs, by whom a suit was commenced against the makers and endorsers jointly. Harvey and Butler defended, the others suffered a default. The signatures of…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
I am of opinion that Harvey, the second endorser, is discharged for want of notice. This was supposed to have been dispensed with on the ground that he had taken indemnity of the makers by means of a judgment, upon which execution has been issued; but it is extremely uncertain if any thing will he realized out of the property. The security is already in litigation in chancery. The mere precaution, by an endorser, of taking security from his principal, has never been adjudged to operate as a dispensation of a 'regular demand and notice; it is no doubt a common…
2Cited by11 opinions
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- Bruce v. LytleNew York Supreme Court · 1852
- Seacord v. Miller & MillerNew York Court of Appeals · 1855
- Sheldon v. HortonNew York Supreme Court · 1868
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