Ford v. Andrews
New York Supreme Court
Demurrer to plea. The plaintiff declared in assumpsit specially, that for the accommodation of the defendants he endorsed a note drawn by them, dated 24th July, 1828, payable in 90 days, which he had been "compelled to pay, and did pay on 1st January, 1831, to the Jefferson County Bank, where the note had been discounted for the benefit of the defendants.
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Demurrer to plea. The plaintiff declared in assumpsit specially, that for the accommodation of the defendants he endorsed a note drawn by them, dated 24th July, 1828, payable in 90 days, which he had been "compelled to pay, and did pay on 1st January, 1831, to the Jefferson County Bank, where the note had been discounted for the benefit of the defendants. Various pleas were put in by the defendants ; and among them was a plea that on the 21st October, 1830,1. Andrews duly obtained a discharge as an insolvent debtor, from all debts owing by him. The discharge was granted by a commissioner…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question is whether this plea is a bar to the plaintiff’s action against Ira Andrews ? This very question was decided in Frost v. Carter, 1 Johns. C. 73. 2 Caines’ Cas. in Er. 310, S. C. The plaintiff there had endorsed a note for the defendant: it was not paid, and the plaintiff was charged as endorser. The defendant was discharged under the insolvent act, and afterwards the plaintiff paid $3000, took up the note, and brought his suit to recover the money so paid. The insolvent act then in force. was the act of 21st March, 1788, by which the discharge…
2Cited by8 opinions
- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
- Moore v. PaineNew York Supreme Court · 1834
- Frost v. CarterNew York Supreme Court · 1799
- Rome Bank v. EamesNew York Court of Appeals · 1864
- Rome Exchange Bank v. EamesNew York Court of Appeals · 1864
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