Hubbell v. Carpenter
New York Supreme Court
In Egluity. This was a creditor’s suit. The cause was heard on pleadings and proofs. The principal grounds of defence were that the judgment on which the bill was founded was obtained against the defendant on a note endorsed by him for one Ellis; that a separate judgment had been also obtained against Ellis, and that the defendant was still to be considered the surety, and Ellis the principal, so as to allow the defendant to avail himself of an arrangement made by the…
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In Egluity. This was a creditor’s suit. The cause was heard on pleadings and proofs. The principal grounds of defence were that the judgment on which the bill was founded was obtained against the defendant on a note endorsed by him for one Ellis; that a separate judgment had been also obtained against Ellis, and that the defendant was still to be considered the surety, and Ellis the principal, so as to allow the defendant to avail himself of an arrangement made by the creditors, with Ellis, by which the creditors agreed not to collect the judgment against EHis, The facts are sufficiently…
1Opinion of the CourtParker, J.
On the 30th of March, 1843, the plaintiffs recovered against Joseph P. Ellis, a judgment for $843,68 damages and costs. Embraced in this judgment was a note for $200, of which Ellis was the maker and the defendant the endorser. The plaintiffs sued the defendant, also, as endorser of the note, and on the 27th day of September, 1843, recovered a judgment against him for $259,60 damages and costs. A creditor’s bill was filed against Ellis, to which his assignees were subsequently made parties, and that suit was discontinued on the 10th of January, 1844, each party paying his own costs, in…
2Cases cited3 opinions
- Lenox v. ProutSupreme Court of the United States · 1818
- Bangs v. StrongNew York Court of Chancery · 1842
- La Farge v. HerterNew York Supreme Court · 1846
3Cited by1 opinion
- Lieber v. Fourth National BankMissouri Court of Appeals · 1909