Harrington v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, ill the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action upon a promissory note made by defendants, payable to Betsey Harrington. The answer of defendant Mrs. Brown, alleged that she signed the note after its delivery without consideration, and solely for the accommodation of defendant Medbury. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, ill the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action upon a promissory note made by defendants, payable to Betsey Harrington. The answer of defendant Mrs. Brown, alleged that she signed the note after its delivery without consideration, and solely for the accommodation of defendant Medbury. The facts appear sufficiently in the opinion. To make a surety liable it must be shown that he was privy to the original agreement. (Herrick v. Carman, 10 J. R., 224, [12th…
1Opinion of the CourtDanforth, J.
Production of the note and proof of the defendant’s signature thereto entitled the plaintiff to a verdict, and he did not forfeit this right when he gave evidence of the origin of the note and its consideration.
The appellant claims that the plaintiff’s title is no better than that of the payee, and in that view the case will be examined.
Mrs. Harrington and Mrs. Brown were sisters, and Med-bury was their brother. Mrs. Harrington lived in New Berlin ; Medbury and Mrs. Brown in Troy. On the first of March, 1869, Mrs. Harrington was the owner of town bonds of the value of $1,700, and on that day,…
2Cases cited2 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- McNaught v. . McClaughryNew York Court of Appeals · 1870
3Cited by8 opinions
- Ruby v. West Coast Lumber Co.Oregon Supreme Court · 1932
- Pauly v. MurrayCalifornia Supreme Court · 1895
- Winders v. SperryCalifornia Supreme Court · 1892
- Smith v. DanzigNew York Supreme Court · 1883
- Van Houten v. Van HoutenSupreme Court of Iowa · 1926
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