Bank of Lansingburgh v. Russell & Billings
New York Supreme Court
Motion for a perpetual stay of proceedings. The defendants were the endorsers of a note drawn by O'. & D. H. Clapp as makers, for the sum of $1000, discounted at the Bank of Lansingburgh. The makers paid a part of the note. The endorsers were sued and a judgment obtained against them for the balance. About the 1st September, 1829, an execution issued upon the judgment. In October, 1829, Billings paid $420,89, the moiety of the execution.
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Motion for a perpetual stay of proceedings. The defendants were the endorsers of a note drawn by O'. & D. H. Clapp as makers, for the sum of $1000, discounted at the Bank of Lansingburgh. The makers paid a part of the note. The endorsers were sued and a judgment obtained against them for the balance. About the 1st September, 1829, an execution issued upon the judgment. In October, 1829, Billings paid $420,89, the moiety of the execution. At the time of issuing of the execution, Russell was possessed of property sufficient to satisfy the other moiety. In December, 1829, the sheriff advertised…
1Opinion of the Court
By the Court,
Marcy, J.
I know of no principle on which the court can interfere and afford the relief asked for by the motion. It seems to be supposed that. Billings ought to be regarded in the light of a surety to Russell, and that having been injured by (he indulgence shewn by the plaintiffs to Russell, he is entitled to relief. The relation of principal and surety does not exist between the defendants. They were each of them sureties for the Clapps, but in relation to each other they are principal debtors. It is not necessary, therefore, to enquire whether the directions to delay were, in…
2Cited by1 opinion
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