Buffalo City Bank v. . Howard
New York Court of Appeals
Appeal from the Superior Court of the city of Buffalo. The suit was in the nature of a creditor’s hill, founded on a judgment recovered by the plaintiff on a $500 note against the defendants, Parsons & Johnson, as makers, and the defendants, C. F. S. Thomas, S. W. Lathrop and Jedediah H. Lathrop, as indorsers. £ The complaint alleged, among other things, that, previous to the indorsement by Thomas and the two Lathrops, who composed the firm of Thomas & Lathrops, the…
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Appeal from the Superior Court of the city of Buffalo. The suit was in the nature of a creditor’s hill, founded on a judgment recovered by the plaintiff on a $500 note against the defendants, Parsons & Johnson, as makers, and the defendants, C. F. S. Thomas, S. W. Lathrop and Jedediah H. Lathrop, as indorsers. £ The complaint alleged, among other things, that, previous to the indorsement by Thomas and the two Lathrops, who composed the firm of Thomas & Lathrops, the defendants, Parsons & Johnson, executed, in their favor, a chattel mortgage, indemnifying and saving them harmless from the…
1Opinion of the CourtPorter, J.
Thomas and the two Lathrops were jointly liable to the plaintiff, as indorser of the note of Parsons & Johnson. It was so adjudged in the action brought by the bank against all the parties to the note; and though the form of the proceedings- was not such as to estop the appellant, who claims, under two of those parties, such joint liability is a necessary legal conclusion from the facts found by the judge. Down to the 3d of December, 1856, they were members of the firm of Thomas & Lathrops. They had dealt as such with Parsons & Johnson, by whom the note was made, and with the plaintiff, by…
2Cases cited8 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Curtis v. TylerNew York Court of Chancery · 1842
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Bank of Auburn v. ThroopNew York Supreme Court · 1821
- City Bank of Brooklyn v. . McChesneyNew York Court of Appeals · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885
- Thayer v. GossWisconsin Supreme Court · 1895
- Freon v. Carriage Co.Ohio Supreme Court · 1884