Coykendall v. . Constable
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 22, 1884, which affirmed a judgment in favor of respondents, entered upon the report of a referee. The action was upon a joint and several promissory note executed by defendants, payable to Carl Peters, or bearer.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 22, 1884, which affirmed a judgment in favor of respondents, entered upon the report of a referee. The action was upon a joint and several promissory note executed by defendants, payable to Carl Peters, or bearer. The referee found in substance these facts: The note in question was made by defendant, DeGarmo, as principal, and by the other defendants as sureties, and was delivered to Peters, the payee therein named. The payee, Peters, put the same into the hands…
1Opinion of the CourtFinch, J.
If the note upon which- this action is founded was not paid, its makers were liable unless those of them who were sureties became freed from their obligation by reason of some act which changed their contract or imperiled their rights. The referee does not find such payment as a fact, nor as an inference from the facts ascertained. Indeed, it is difficult to see how any such inference could have been possible from the proof. Whatever may be true as to the want of authority to sell the note, in the bank which received it for collection, it is quite certain that the transaction between the…
2Cases cited3 opinions
- National Life Ins. Co. v. . MinchNew York Court of Appeals · 1873
- Burr v. SmithNew York Supreme Court · 1855
- Fuller v. BennettMichigan Supreme Court · 1884
3Cited by4 opinions
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- Capwell v. MacHonSupreme Court of Rhode Island · 1900
- K. & K. Silk Trimming Co. v. Garfield National BankAppellate Terms of the Supreme Court of New York · 1923
- Sinnott v. Colonial BankAppellate Terms of the Supreme Court of New York · 1902