Legal Opinion

Putnam v. Schuyler

New York Supreme Court

Decided April 15, 1875Published

APPEAL by defendant from a judgment in favor of plaintiff entered upon a decision of the court. The action was brought by John E. Putnam as executor, etc., of Bichard L. Allen, deceased, against Lucinda W. Schuyler, upon a guaranty by defendant of two promissory notes made by one Katherine S. Henriques, and payable to the order of plaintiff’s testator. Sufficient facts appear in the opinion.

1Opinion of the CourtLearned, P. J.

Mrs. Henriques in her life-time made two notes to Dr. Allen, the plaintiff’s testator. After her death, the defendant guaranteed them by. writing under each as follows :

“For value received, I hereby guarantee the payment of the above note.
“ L. W. Schuyler.”

On the trial the defendant offered to prove that Dr. Allen was' the medical attendant of Mrs. Henriques; was in the habit of advising her as to financial and other matters ; that she reposed confidence in him in relation to her affairs, together with certain other matters tending to' show that the notes were obtained by fraud, and that they…

2Cases cited10 opinions

  1. Gillespie v. . TorranceNew York Court of Appeals · 1862
  2. Mann v. Eckford's ExecutorsNew York Supreme Court · 1836
  3. Osborn v. . RobbinsNew York Court of Appeals · 1867
  4. Morse v. HoveyNew York Court of Chancery · 1841
  5. Strong v. GrannisNew York Supreme Court · 1857

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