Tuton v. Thayer
New York Supreme Court
This is an appeal from an order made by the Monroe special term on the 28th day of August, 1873, denying a motion made by the defendant for a new trial.
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This is an appeal from an order made by the Monroe special term on the 28th day of August, 1873, denying a motion made by the defendant for a new trial. The cause was tried before justice Dwight and a jury at the Yates circuit, in November, 1872, and the plaintiff recovered a verdict for $207.07. The action was brought to recover on a guaranty executed by the defendant and delivered to the plaintiff of a note made by Joseph Thayer for $150, payable to the defendant, or bearer. The guaranty was in these words: “ Eor value received 1 guarantee the payment and collection of the within note, with…
1Opinion of the CourtDwight, J.
This was an action on a contract of’guaranty indorsed on a promissory note in the following words:. <£ For value received, I guarantee the payment and collection of the within note, with costs, if any made.
(Signed) WILLIAM THAYER.”
-1 held, at the circuit, that this was a guaranty of payment as well as of collection, and therefore denied a motion for a nonsuit made by defendant at the close of the plaintiff’s case, no evidence being given of proceedings to collect of the maker of the note. The defendant’s exception to the ruling denying the motion for a nonsuit presents the only question in…
2Cases cited1 opinion
- Iasigi v. BrownSupreme Court of the United States · 1855
3Cited by8 opinions
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