Hubbard v. . Gurney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon a verdict. This action was brought upon a promissory note, of which the following is a copy : “ One day from date, for value received, I promise to pay Samuel Hubbard, or bearer, one thousand dollars with use. “ Dated April 1st, 1872. “S. H. GURNEY. “ JESSE GURNEY.”
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon a verdict. This action was brought upon a promissory note, of which the following is a copy : “ One day from date, for value received, I promise to pay Samuel Hubbard, or bearer, one thousand dollars with use. “ Dated April 1st, 1872. “S. H. GURNEY. “ JESSE GURNEY.” The answer alleged that defendant signed as surety; that plaintiff by agreement of the principal debtor, without defendant’s knowledge or consent, extended the time of payment. It…
1Opinion of the Court
Church, Ch. J.
The first question presented is, whether it is competent for one of two makers of a promissory note to prove farol that he signed the note as surety for the purpose of enabling him to interpose a defence, that he was discharged by an extension of time given to the principal debtor, with knowledge of the suretyship.
Recently in the Supreme Court it has been expressly decided in Campbell v. Tate (7 Lans., 370), that such evidence was incompetent, and this decision was followed in Benjamin v. Arnold (5 N. Y. S. C. R. [T. & C.], 54).
The question is of great practical importance and…
2Cases cited11 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Cary v. . WhiteNew York Court of Appeals · 1873
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Barry v. . RansomNew York Court of Appeals · 1855
- Place v. . McIlvainNew York Court of Appeals · 1868
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3Cited by51 opinions
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- National Park Bank v. . KoehlerNew York Court of Appeals · 1912
- Dibble v. . RichardsonNew York Court of Appeals · 1902
- Easterly v. . BarberNew York Court of Appeals · 1876
- Hoffman v. HabighorstOregon Supreme Court · 1901
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