Palmer v. . Purdy
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made Hovember 29, 1879, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought originally against Lyman A. Gill, Prior F. Purdy, Francis Cassidy and "William Flanigan to recover a balance of rent alleged to be due and unpaid upon a lease executed by plaintiff to the firm of Gill, Purdy, Cassidy & Co., which was composed of said defendants.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made Hovember 29, 1879, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought originally against Lyman A. Gill, Prior F. Purdy, Francis Cassidy and "William Flanigan to recover a balance of rent alleged to be due and unpaid upon a lease executed by plaintiff to the firm of Gill, Purdy, Cassidy & Co., which was composed of said defendants. Gill and Purdy alone answered, alleging that soon after the execution of the lease said firm was dissolved, they retiring…
1Opinion of the CourtFinch, J.
The defense in this case would have been sound, if the facts proven had brought it within the rule of law applied upon the trial. It is settled that one of several original debtors can so contract with the others for their assumption and payment of the common debt as to acquire the rights of a surety, upon knowledge of the new arrangement being communicated to the creditor. (Millerd v. Thorn, 56 N. Y. 402; Colgrove v. Tallman, 67 id, 95 ; Calvo v. Davies, 73 id. 216.) This is not a rule which in any manner assumes to alter or modify the original contract or the common liability. That remains…
2Cases cited2 opinions
- Morgan v. . SmithNew York Court of Appeals · 1877
- Millerd v. . ThornNew York Court of Appeals · 1874
3Cited by17 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Spies v. . National City BankNew York Court of Appeals · 1903
- Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934
- United States National Bank v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1896
- Hall & Ruckel v. Johnston, Hill & Co.Court of Appeals of Texas · 1894
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