Converse v. Cook
New York Supreme Court
Appeal from an order setting aside a verdict for defendant and granting a new trial, the motion for which was made upon the minutes of the trial court, whereupon “a case was made and settled for that purpose.” The trial was had at the Jefferson Circuit, held by Mr. Justice Mullin.
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Appeal from an order setting aside a verdict for defendant and granting a new trial, the motion for which was made upon the minutes of the trial court, whereupon “a case was made and settled for that purpose.” The trial was had at the Jefferson Circuit, held by Mr. Justice Mullin. The action was to recover upon an indorsement by the intestate for the accommodation of Harvey D. Littlefield, of his note for $240, dated December 3, 1875. The note was given for a loan of money to the maker. The fourth defense set up was that the indorser required the jilaintiff at the time the notice of dishonor…
1Opinion of the Court
Hardin, J.:
Hpon the trial evidence was received tending to show that a request was made by the indorser Cook to the holder of the note to *45collect the note out of the maker. Evidence was given tending to-show that the maker was solvent when the request was made, and that thereafter he became insolvent, being only able to pay twelve cents upon the dollar of his unsecured debts. After this evidence-was in, the court ruled that such evidence presented no defense for the reason that the indorser for accommodation was not a surety in such a sense as to be able to avail of a defense upon the ground…
2Cases cited14 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Pain v. PackardNew York Supreme Court · 1816
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
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