Parsons v. Nash
New York Supreme Court
Motion for a new trial upon exceptions. The action was upon a joint and several promissory note, made by William Hinckle, Whitman Nash, and Lewis S. Payne. The two latter were sureties of Hinckle. The making of the note was admitted. The defence was a set off of a judgment recovered upon contract, by Hinckle, against the plaintiffs, for an amount equal or larger than the amount of the note.
Read the full summary
Motion for a new trial upon exceptions. The action was upon a joint and several promissory note, made by William Hinckle, Whitman Nash, and Lewis S. Payne. The two latter were sureties of Hinckle. The making of the note was admitted. The defence was a set off of a judgment recovered upon contract, by Hinckle, against the plaintiffs, for an amount equal or larger than the amount of the note. The court, at the trial, held that the judgment was a proper set off or counter claim, and directed the jury to find a verdict for the defendants, and the plaintiffs excepted.
1Opinion of the Court
Marvin, Justice.
It is clear that prior to the Code the decision at the circuit would have been erroneous. There are several defendants, and the demand set off was not due to all *455of them jointly. (2 R. S. 354, § 18, subdv. 6.) It is not the case of maker and endorser of a note, but the makers of a note promising jointly and severally, to pay a sum of money. Has the Code, as it now is, changed the law in this respect ? I think it has. It is not necessary now to say whether a party liable'upon a joint and several contract, and sued with his coobligors, could, prior to the amendment of 1852, have…
2Cited by10 opinions
- Roberts v. DonovanCalifornia Supreme Court · 1886
- American Guild v. . DamonNew York Court of Appeals · 1906
- Brodek v. FarnumWashington Supreme Court · 1895
- Fox Chase Knitting Mills, Inc. v. HandalAppellate Division of the Supreme Court of the State of New York · 1931
- Tilden v. WashburnThe Superior Court of the City of New York and Buffalo · 1889
5 more not listed; retrieve them via the Exa API.