La Farge v. Herter
New York Supreme Court
The plaintiff moved for a new trial, upon a Mil of exceptions taken on the third trial of the cause. For reports of the case upon the former trials see 3 Denio, 157, and 4 Barb.
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The plaintiff moved for a new trial, upon a Mil of exceptions taken on the third trial of the cause. For reports of the case upon the former trials see 3 Denio, 157, and 4 Barb. S. C. Rep. 346. Upon the last trial the plaintiff proved the judgment, and the defendant proved the issuing of the execution and the settlement by the bond and mortgage of Herter, and the receipt of the plaintiff, as reported in 4 Barbour ; and he also proved, under objection, that Dillenback was the surety of Herter in the note upon which the judgment was recovered. The plaintiff proved by Dillenback that he,…
1Opinion of the Court
By the Court,
Allen, J.
The plaintiff moves for a new trial upon several exceptions taken at the trial, to the ruling and decision of the judge. I. The first exception upon which the plaintiff relies is to the admission of evidence that Dillenback was a surety for Herter in the note upon which the judgment, which is the foundation of this action, was recovered. The ground of the objection was that the suretiship was merged in the judgment, and that both defendants, by the recovery of the judgment, became principal debtors. And the counsel relies upon the decision of the court in this case,…
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- Crippen v. HeermanceNew York Court of Chancery · 1841
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3Cited by9 opinions
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- McCraney v. AldenNew York Supreme Court · 1866
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