Smith v. Kibbe
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered in Chautauqua county upon the report of a referee. The action was brought to have the estate of the plaintiffs’ intestate declared absolved from all liability upon a note and a judgment entered upon it, which was recovered against the deceased in his lifetime, to wit, on the 18th day of May, 1876, in this court for $306.72. The note, which was a joint one, was made on the 27th of October, 1874, by Lucinda Bond and…
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Appeal from a judgment in favor of the plaintiff, entered in Chautauqua county upon the report of a referee. The action was brought to have the estate of the plaintiffs’ intestate declared absolved from all liability upon a note and a judgment entered upon it, which was recovered against the deceased in his lifetime, to wit, on the 18th day of May, 1876, in this court for $306.72. The note, which was a joint one, was made on the 27th of October, 1874, by Lucinda Bond and Thomas A. Osborne,, the plaintiffs’ intestate, who was an acconfmodation maker. Mrs. Bond sold the note to George Wilson,…
1Opinion of the Court
Hardin, P. J.:
When the judgment was recovered against Osborne alone the creditor elected to treat him as the several debtor. Osborne made no defense. The judgment entered against, him upon his joint note was valid as to him, though it may have been irregular and might have been set aside for such irregularity if a motion had been promptly made. (Orleans Co. National Bank v. Spencer, 19 Hun, 569; Waggoner v. Walrath, 24 id., 443; affirmed, 92 N. Y., 639.) Entry of the judgment severed the joint liability of the makers of the note and the judgment debtor became liable alone upon the judgment.…
2Cases cited6 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Suydam v. . BarberNew York Court of Appeals · 1858
- Richardson v. . DraperNew York Court of Appeals · 1882
- Peters v. SanfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Risley v. . BrownNew York Court of Appeals · 1876
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