Griffith v. Reed
New York Supreme Court
Motion to set aside report of referees. The declaration contained the common money counts. The suit was commenced by declaration, which wás served on the defendant, Reed, only. The plaintiffs are commission merchants in the city of New York. The defendant, Dixson, in the fall of 1835 and the year following, resided at Richmond, Ontario county, and was largely engaged in manufacturing flour, which was sent to, and sold by the-plaintiffs, in New- York.
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Motion to set aside report of referees. The declaration contained the common money counts. The suit was commenced by declaration, which wás served on the defendant, Reed, only. The plaintiffs are commission merchants in the city of New York. The defendant, Dixson, in the fall of 1835 and the year following, resided at Richmond, Ontario county, and was largely engaged in manufacturing flour, which was sent to, and sold by the-plaintiffs, in New- York. From time to time Dixson drew bills on the plaintiffs to a large amount, which the plaintiffs, as they alleged, paid and took up, without having…
1Opinion of the Court
By the Court,
Bronson, J.
If we assume that.the plaintiffs are right on all the controverted questions of fact in the case, they must still fail in their action. If they were in truth accommodation acceptors and Had no funds applicable to the payment of these bills, their remedy is against Dixson, the principal, for whose accommodation they accepted; and not against Reed the surety.
As an original question, it would, perhaps, be well that a man should never be allowed to become a party to commercial paper as a surety—or rather, that his character of surety. should be wholly disregarded. But it…
2Cases cited3 opinions
- Raborg v. PeytonSupreme Court of the United States · 1817
- Beardsley v. WarnerNew York Supreme Court · 1831
- Manchester Iron Manufacturing Co. v. SweetingNew York Supreme Court · 1833
3Cited by40 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Barry v. . RansomNew York Court of Appeals · 1855
- Rouse v. . WhitedNew York Court of Appeals · 1862
- Easterly v. . BarberNew York Court of Appeals · 1876
- Port v. RobbinsSupreme Court of Iowa · 1872
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