Hawley v. Griswold
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee, by the defendant James S. Griswold. This action was brought by the plaintiff to recover the amount of a certain promissory note which was given for money borrowed .of the plaintiff by the defendant, Sherman Griswold, of Avhich noté the following is a copy: “500. On demand, for value received, we jointly and severally promise to pay Alexander Hawley, or bearer, five hundred dollars and interest.
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APPEAL from a judgment entered upon the report of a referee, by the defendant James S. Griswold. This action was brought by the plaintiff to recover the amount of a certain promissory note which was given for money borrowed .of the plaintiff by the defendant, Sherman Griswold, of Avhich noté the following is a copy: “500. On demand, for value received, we jointly and severally promise to pay Alexander Hawley, or bearer, five hundred dollars and interest. Chatham, March 31st, 1854. (Signed) Sherman Griswold. James S. Griswold. (As security.) H. W. Gott.” [Indorsed.] “Rec’d on the within note…
1Opinion of the Court
Miller J.
The principal question presented in the case at bar is, whether the indorsement of the $260 due on the wood contracts upon the note, was due by the direction and consent of James S. Griswold, and was a payment by him which prevents his interposing the defense of the statute of limitations. The money thus indorsed was due from the plaintiff to the defendants, Sherman & James.S. Griswold, upon their joint contract. As joint owners both parties were equally interested in it, and both consented to this appropriation of it. Although Sherman alone was present at the settlement, yet there…
2Cases cited3 opinions
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