Wells v. . Mann
New York Court of Appeals
Appeal from the late General Term of the Supreme Court, in the Third judicial district. The action was first tried without a jury, in October, 1862; judgment went for the plaintiff for the full amount. Defendant appealed to the General Term of the third district, where the judgment was reversed. The cause was again tried at 'the Schoharie circuit, before a jury.
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Appeal from the late General Term of the Supreme Court, in the Third judicial district. The action was first tried without a jury, in October, 1862; judgment went for the plaintiff for the full amount. Defendant appealed to the General Term of the third district, where the judgment was reversed. The cause was again tried at 'the Schoharie circuit, before a jury. The jury were directed to find for the defendant on the first cause of action in the complaint (the one now in question), and it was ordered that proceedings be stayed until the determination of the court upon the exceptions taken,…
1Opinion of the CourtAndrews, J.
It was held in Paine v. Packard (13 J., 174), in an action by the payee against the makers of a joint note, which was signed, by the defendant Packard as surety for his co-contractor, that a surety is discharged from liability by the neglect of .the creditor to proceed to collect the debt of the principal debtor upon the request of the surety where by reason of such neglect and the subsequent insolvency of the principal the debt as to him is lost.
This easel was regarded as introducing a new rule, and while the rule has been adhered to in cases strictly analogous, the courts have been…
2Cases cited4 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Pain v. PackardNew York Supreme Court · 1816
- McCaughey v. . SmithNew York Court of Appeals · 1863
- Norris v. LainNew York Supreme Court · 1819
3Cited by21 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Gursky v. GurskyNew York Supreme Court · 1963
- Shutts v. . FingarNew York Court of Appeals · 1885
- Fegley v. JenningsSupreme Court of Florida · 1902
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