Gayle v. Suydam
New York Supreme Court
Error from the superior court of the city of New-York. Suydam and Boyd sued Gayle'on a promissory note made by him, bearing date 24th March, 1835, payable to the plaintiffs for $1342,88, six months after date, at the United States Branch Bank, at Mobile.
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Error from the superior court of the city of New-York. Suydam and Boyd sued Gayle'on a promissory note made by him, bearing date 24th March, 1835, payable to the plaintiffs for $1342,88, six months after date, at the United States Branch Bank, at Mobile. On the day the note was given, one of the payees entered into a written stipulation to give up the note to the maker provided he gave them before the note became due, a satisfactory acceptance on some responsible house in Mobile, to be approved by their agent there, at six months from 24th September, 1835, with interest added. The note was…
1Opinion of the Court
By the Court,
Cowen, J.
Taking both instruments together, the defendant below, in legal effect, contracted to pay $1342,88, on the 27th September, with liberty to discharge the debt by procuring an acceptance at six months from 24th September, on such house at Mobile as should be approved by the agent there of the plaintiffs below. Either for want of instructions, or for some other cause, on the acceptance being tendered, the agent de*272dined unqualifiedly to accept it. The tender was made by the defendant’s agent, one of the acceptors, who, after the refusal, destroyed the acceptance. The…
2Cases cited1 opinion
- Lamb v. LathropNew York Supreme Court · 1834
3Cited by3 opinions
- Coleman v. WhiteWisconsin Supreme Court · 1862
- Thomas v. ClappNew York Supreme Court · 1855
- Seaman v. BensonNew York Supreme Court · 1848