Wright v. Butler
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was a second action brought by an endorsee against an endorser to recover money paid on a note, there having been a recovery and judgment in the first action. The second action was for money paid subseqitent to the commencement of the first suit.
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Error from the supreme court. This was a second action brought by an endorsee against an endorser to recover money paid on a note, there having been a recovery and judgment in the first action. The second action was for money paid subseqitent to the commencement of the first suit. Wright and Butler were accommodation endorsers for one Bostwick on a note for $1500, bearing date 22d November, 1816, payable in 60 days, discounted for the sole benefit of Bostwick at the Middle District Bank. When the note fell due it was protested and notice given to the endorsers, The note was made payable to…
1Opinion of the Court
The following opinion was delivered :
By the Chancellor.
The testimony was sufficient to take the case out of the statute of limitations, as all the payments were made to the bank by Butler within six years after the promise of Wright to pay the demand as fast as he could, and before the statute of limitations had attached. This suit was brought within six years thereafter. If Butler had not paid these sums until after the statute had actually run as against Wright, it would have presented an entirely different question ; it could hardly have been said in such case that money had been paid by…
2Cases cited2 opinions
- Betts v. StarrSupreme Court of Connecticut · 1825
- Kilheffer v. HerrSupreme Court of Pennsylvania · 1828
3Cited by38 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- Halsey v. ReedNew York Court of Chancery · 1842
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Moore v. MandlebaumMichigan Supreme Court · 1860
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