Gilmore v. Spies
New York Supreme Court
Error from the superior court of the city of New-York. The action in the court below was by Spies against Gilmore and J. Jewett and G. W. Jewett.
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Error from the superior court of the city of New-York. The action in the court below was by Spies against Gilmore and J. Jewett and G. W. Jewett. The plaintiff, in the first count of his declaration, declared upon a bond executed by Gilmore as the alleged debtor, and by the other defendants as his sureties, unto the plaintiff claiming to be the creditor of Gilmore, under the 55th section of the statute' relative to attachments against absconding, concealed and non-resident debtors, (2 R. /S'. 12,) and the act amendatory of that section. (Laws of 1833, ch. 52, § 1.) The condition of that bond…
1Opinion of the Court
By the Court.
The case of Hall v. Newcomb, (3 Hill, 233,) and same case in error, (7 id. 416,) has settled the question with respect to the effect to be given to such an endorsement as was made by Gilmore upon the note in question. In the absence of clear and direct evidence of an intention to become a joint debtor, or guarantor of the note, the party here, by putting his name upon it, (the note being drawn as a negotiable note,) can be regarded only in the light of an endorser, and as assuming no other responsibility than that which an endorsement of a negotiable note imports. In this case…
2Cases cited1 opinion
- Taylor v. SnyderNew York Supreme Court · 1846
3Cited by2 opinions
- Luning v. WiseCalifornia Supreme Court · 1883
- Waterbury v. SinclairNew York Supreme Court · 1857