Coddington v. . Davis
New York Court of Appeals
On error from the Supreme Court. Davis, Brooks & Co. sued Samuel Coddington in the Superior Court of the city of New York as the endorser of a promissory note for $10,000, made hy Thomas B. Coddington, which bore date Dec. 31, 1839, and became due Feb. 2, 1840. On the trial it was proved that on the 28th of January, 1840, the defendant wrote to the plaintiffs as follows: “Messrs.
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On error from the Supreme Court. Davis, Brooks & Co. sued Samuel Coddington in the Superior Court of the city of New York as the endorser of a promissory note for $10,000, made hy Thomas B. Coddington, which bore date Dec. 31, 1839, and became due Feb. 2, 1840. On the trial it was proved that on the 28th of January, 1840, the defendant wrote to the plaintiffs as follows: “Messrs. Dayis, Brooks & Co.—Gents.: Please not protest T. B. Goddington’s note due 2d February, 1840, for ten thousand dollars, and I will waive the necessity of the protest thereof; and oblige, Yours, SAM’L C ODDINGT 03ST.…
1Opinion of the CourtGardiner, J.
The Plaintiff in error, the defendant below, was the endorser of a note made- by Thomas Coddington for 110,000. Thomas Coddington failed, and on the 23d January, 1840, made an assignment to Davis, one of the firm of Davis, Brooks & Co., the endorsees and holders of the note and the plaintiffs below. Qn the 28th of January, and prior to the maturity of the note, the defendant with full knowledge of the above facts', wrote the following letter :
“ Messrs. Davis, Brooks & Co.—Gents : Please not protest T. B. Coddington’s note due 2d February, for ten thousand dollars, and I will waive the…
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