Tillman v. Wheeler
New York Supreme Court
IN ERROR to the Court of Common Pleas of Ontario county, Wheeler brought'a suit in the court below, on a promissory note, dated the 7th of June, 1815, made by Francis Moore and Jeremiah Ahby, payable to the plaintiff, or order, on wh'ch the defendant below, Tillman, had endorsed his name in blank.
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IN ERROR to the Court of Common Pleas of Ontario county, Wheeler brought'a suit in the court below, on a promissory note, dated the 7th of June, 1815, made by Francis Moore and Jeremiah Ahby, payable to the plaintiff, or order, on wh'ch the defendant below, Tillman, had endorsed his name in blank. The declaration contained several counts, one of stated, that whereas, &c., in consideration that the plaintiff, at the special instance and request of the defendant, would se^ and deliver to F. M. and J. A. divers goods, &c., of the value of 200 dollars, on a credit, to be paid on the 7th of June,…
1Opinion of the CourtYates, J.
It does not appear from the return, that Tillman knew for what purpose the note was designed, or that there was any promise to, or communication between, him and the holder of the note; nor is any liability shown, except such as he would be subject to as the endorsor of an ordinary negotiable promissory note.
This case is not distinguishable from Herrick v. Carman, *(12 Johns. Rep. 159.) except that the suit was in that case brought against the person signing, as endorsor; and in this case, on the implied special agreement or guaranty. They do not, however, vary in principle. The liability in…
2Cited by15 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Moore v. . CrossNew York Court of Appeals · 1859
- Ellis v. BrownNew York Supreme Court · 1849
- Partridge v. DavisSupreme Court of Vermont · 1848
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