Deck v. Works
New York Supreme Court
The action was brought upon the guarantee of a promissory note and indorsement. On the 18th April, 1874, H. A. Hober and E. H. Austin, in consideration of a horse sold and delivered to them by Spencer Eutherford, made and delivered to him their promissory note, dated on that day, whereby, sixteen months after date, they jointly and severally promised to pay to the order of Spencer Eutherford $150, at their house in Troupsburgh, for value received with use.
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The action was brought upon the guarantee of a promissory note and indorsement. On the 18th April, 1874, H. A. Hober and E. H. Austin, in consideration of a horse sold and delivered to them by Spencer Eutherford, made and delivered to him their promissory note, dated on that day, whereby, sixteen months after date, they jointly and severally promised to pay to the order of Spencer Eutherford $150, at their house in Troupsburgh, for value received with use. Eutherford held this note until the 15th day of November? 1874, when he transferred it to the defendant for value and indorsed and…
1Opinion of the Court
The cause was tried before Hon. James L. Angle, a trial by jury having been waived and the complaint was dismissed on the merits, the following opinion being rendered :
Angle, J.
The words, .“ the within note,” used on the guarantee had reference not only to the note written by the makers, but also to the indorsement' by Eutherford. It had reference to the paper including his indorsement, and a payment of the note, by Eutherford to plaintiff, would, I think, have discharged the defendant from liability on the guarantee, *294although the note as made by the makers remains "unpaid, and their…
2Cases cited50 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Tobey v. BarberNew York Supreme Court · 1809
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
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