Brewster v. . Silence
New York Court of Appeals
This was an action upon a guaranty of a promissory note. The note and guaranty were as follows: “$ 140-00. By the first of November next I promise to pay to the order of John Thompson, at the Rochester City Bank, one hundred and forty dollars—value received, with use. “George Silence. “Rochester, April 18, 1848.” “ I hereby guarantee the payment of the above note. “ F. Silence.” The action was tried at the Monroe circuit in October, 1849, before Mr. Justice Johnson.
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This was an action upon a guaranty of a promissory note. The note and guaranty were as follows: “$ 140-00. By the first of November next I promise to pay to the order of John Thompson, at the Rochester City Bank, one hundred and forty dollars—value received, with use. “George Silence. “Rochester, April 18, 1848.” “ I hereby guarantee the payment of the above note. “ F. Silence.” The action was tried at the Monroe circuit in October, 1849, before Mr. Justice Johnson. The jury found a special verdict, upon which a judgment in favor of the defendant was obtained, and affirmed at a general term…
1Opinion of the CourtWillard, J.
The complaint states that on the 18th April, 1848, at, &c., for value received, George Silence executed his promissory note in writing, by which he promised to pay to the order of John Thompson, at the Rochester City Bank, one hundred and forty dollars, by the first day of November, 1848, with use;, and the said defendant, at the time of the execution of the said note on the day aforesaid, for value received, guarantied the payment thereof in waiting, on the same instrument, and said note and guaranty were then delivered to said Thompson, and after-wards, on the 12th January, 1849, the said…
2Cases cited5 opinions
- Oakley v. BoormanNew York Supreme Court · 1839
- Sears v. BrinkNew York Supreme Court · 1808
- Egleston v. KnickerbackerNew York Supreme Court · 1849
- Smith v. IvesNew York Supreme Court · 1836
- Hall v. Farmer & DoolittleNew York Supreme Court · 1848
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- Good v. MartinSupreme Court of the United States · 1877
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Allopathic State Board of Medical Examiners v. FowlerSupreme Court of Louisiana · 1898
- Drake v. . SeamanNew York Court of Appeals · 1884
- Houghton v. ElyWisconsin Supreme Court · 1870
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