Storms v. Thorn
New York Supreme Court
In Equity. This was a creditor’s bill filed by the plaintiffs, as assignees of a judgment, against Thom, Waterman and others, the judgment debtors.
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In Equity. This was a creditor’s bill filed by the plaintiffs, as assignees of a judgment, against Thom, Waterman and others, the judgment debtors. The bill was taken as confessed by all the defendants except Waterman; and the suit was defended by him only upon the ground that he was surety for the other defendants in the contract upon which the judgment was recovered; and that after the recovery of the judgment the plaintiffs entered into a valid agreement with the principal debtors to delay proceedings to collect the judgment, and did suspend proceedings in pursuance of that agreement. The…
1Opinion of the CourtAllen, J.
This was a creditor’s bill filed by the plaintiffs as assignees of a judgment against the judgment debtors, and is defended by Waterman, one of the debtors, upon several grounds; one only of which will be considered. It appears by the pleadings and proofs that Waterman was an accommodation endorser, for the other defendants, of 'the promissory note upon which the judgment was recovered against all the defendants as parties thereto, under the act of 1832, and that after the recovery of the judgment an execution was issued thereon and levied upon the property of Waterman; after which, in July,…
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