Pinckney v. Pomeroy
New York Supreme Court
THIS, action was brought, in a justice’s court, upon a promissory note, dated June 12, 1858, signed by one Latkrop and the defendant, and delivered to the plaintiff, Pinckney, to secure him on a note he had signed for the benefit of Lathrop. Pomeroy, the defendant, did not sign the note until several days after it had been signed by Lathrop and delivered to the plaintiff; and the note signed by Lathrop and Pinckney had also been delivered.
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THIS, action was brought, in a justice’s court, upon a promissory note, dated June 12, 1858, signed by one Latkrop and the defendant, and delivered to the plaintiff, Pinckney, to secure him on a note he had signed for the benefit of Lathrop. Pomeroy, the defendant, did not sign the note until several days after it had been signed by Lathrop and delivered to the plaintiff; and the note signed by Lathrop and Pinckney had also been delivered. The note indorsed for Lathrop by the plaintiff was drawn for $95, and delivered to one Carpenter in payment for a horse, bought of the latter by Lathrop.…
1Opinion of the Court
By the Court,
Mullin, J.
The plaintiff, to enable Lathrop to pay for the horse purchased of Carpenter, signed the note of Lathrop, as surety, for $95, payable in one year. Before this note was signed, and as an inducement for the plaintiff to sign it as surety, Lathrop promised to give him a note signed by the defendent as security for his (the plaintiff’s) signing the Carpenter note. And in a few days after the latter note was signed, the parties met, and the *465note in suit was drawn, signed and delivered to the plaintiff, in pursuance of the arrangement aforesaid. When the Carpenter note became…
2Cases cited2 opinions
- Pond v. ClarkeSupreme Court of Connecticut · 1841
- Carroll v. NixonSupreme Court of Pennsylvania · 1842