Bainbridge v. Richmond
New York Supreme Court
Appeal from an order made at the Monroe Circuit denying defendant’s motion for a new trial, made upon the judge’s minutes. The motion was made upon exceptions, and upon the ground that the verdict was against the weight of evidence. The action was brought against the defendant, as sheriff of Monroe county, for levying upon and selling the contents of a retail liquor and cigar store, owned and carried on by James P. Bainbridge, the plaintiff's son.
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Appeal from an order made at the Monroe Circuit denying defendant’s motion for a new trial, made upon the judge’s minutes. The motion was made upon exceptions, and upon the ground that the verdict was against the weight of evidence. The action was brought against the defendant, as sheriff of Monroe county, for levying upon and selling the contents of a retail liquor and cigar store, owned and carried on by James P. Bainbridge, the plaintiff's son. The levy was made by virtue of one or more attachments against the property of James. The plaintiff claimed the property as mortgagee in…
1Opinion of the Court
Smith, J.:
The appellant’s counsel takes the position that the mortgage to Purdy was a mere indemnity to him, against his liability as second indorser on the notes, and he, not having been compelled to pay, had no interest in the mortgage which he could assign ; and that as the plaintiff was the first indorser, she and Purdy were not co-sureties, and she had no right to be subrogated to the mortgage on paying the notes. The judge charged the jury in substance, *393that if the mortgage was intended as security for all the indorsers the plaintiff could hold it as security for her indorsement. The…
2Cases cited7 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Russell v. . WinneNew York Court of Appeals · 1868
- McKinster v. . BabcockNew York Court of Appeals · 1863
- Wood v. LowryNew York Supreme Court · 1837
- Chester v. . the Bank of KingstonNew York Court of Appeals · 1857
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