Yorks v. Peck
New York Supreme Court
This was an appeal by the defendants from a judgment entered against them at the circuit, upon the report of a referee. The action was brought against the defendants upon a note in the following words: “ Canandaigua, Aug. 1,1849. Six months from dato, for value received we promise to pay to the order of J. M. Wheeler, at the Ontario Bank, seven hundred and fifty dollars, with interest. (Signed) Aaron Lampi-iire. Reynold Peck.”
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This was an appeal by the defendants from a judgment entered against them at the circuit, upon the report of a referee. The action was brought against the defendants upon a note in the following words: “ Canandaigua, Aug. 1,1849. Six months from dato, for value received we promise to pay to the order of J. M. Wheeler, at the Ontario Bank, seven hundred and fifty dollars, with interest. (Signed) Aaron Lampi-iire. Reynold Peck.” The note was indorsed to the plaintiff, by the payee, without recourse. The defendants Vinton Peck, R. T. Leach and Haney Peck, were sued as administrators of Reynold…
1Opinion of the Court
By the Court, T. R. Strong, J.
Where a note is made by two persons, which in terms is joint only, upon the death of one of the makers, the surviving maker only is liable upon it; unless it appears by direct proof, or the facts of the case warrant the inference, that the parties intended it should be joint and several. (7 Bac. Abr. Bouvier’s ed. 249. Story’s Eq. Jur. § 162 to 164. Bradley v. Burwell, 3 Denio, 61. Hunt v. Rousmanier, 8 Wheat. 174. 1 Peters, 1, 16. Carpenter v. Provoost, 2 Sand. 537.) If such an intention is expressly proved, or may be inferred from the transaction, the note will…
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