Neass v. Mercer
New York Supreme Court
This was an appeal by the defendant, from a judgment entered against him, at a special term, after a trial at the Seneca circuit, before Justice Welles, without a jury.
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This was an appeal by the defendant, from a judgment entered against him, at a special term, after a trial at the Seneca circuit, before Justice Welles, without a jury. The judge specified the facts found by him upon the evidence given on said trial as follows: That on or about the 16th day of July, 1842, one Nathaniel P. Lee had in his possession a promissory note for the sum of two thousand dollars, made by himself, payable to the- order of one Augustine Reading, at the Seneca County Bank, indorsed by said payee Reading, and also by the plaintiff in this action, Neass; that the same was…
1Opinion of the Court
By the Court, T. R. Strong, J.
It is not ’necessary to rest the judgment in this case, upon the position that the plaintiff was entitled to enforce, by action, the promise of the defendant to Lee, as having been made for the plaintiff’s benefit. Upon the facts found at the circuit, it is clearly right on another ground. The plaintiff and Reading indorsed the note for the *321accommodation of Lee the maker; Lee loaned it to the defendant for his accommodation, upon his promise to pay it at maturity and save the indorsers harmless; and the defendant negotiated it to the bank for his own use. The…
2Cases cited5 opinions
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Butler v. WrightNew York Supreme Court · 1823
- Fitch v. BatesNew York Supreme Court · 1851
- Wooster v. JenkinsNew York Supreme Court · 1846
- Gregory v. DodgeCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by13 opinions
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- Johnson v. TaylorTexas Supreme Court · 1883
- Peace v. . WilsonNew York Court of Appeals · 1906
- People ex rel. Albany & Susquehanna Railroad v. MitchellNew York Supreme Court · 1865
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