Harris v. Warner
New York Supreme Court
This was an action of assumpsit, tried at the Livingston circuit in September, 1832, before the Hon. Addison Gardner, one of the circuit judges. The declaration was for money paid. The plaintiff on the trial produced a promissory note for $700, payable to “ The President, Directors and Company of the Livingston County Bank,” signed as follows: “ Levi Hovey. Cambell Harris, as surety. D. H. Bissell, surety. Zachariah Spencer, surety. Asahel Warner, surety for the abovenames.
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This was an action of assumpsit, tried at the Livingston circuit in September, 1832, before the Hon. Addison Gardner, one of the circuit judges. The declaration was for money paid. The plaintiff on the trial produced a promissory note for $700, payable to “ The President, Directors and Company of the Livingston County Bank,” signed as follows: “ Levi Hovey. Cambell Harris, as surety. D. H. Bissell, surety. Zachariah Spencer, surety. Asahel Warner, surety for the abovenames. The plaintiff, Campbell Harris, proved that the note was made and discounted for the benefit of Hovey, as principal;…
1Opinion of the Court
By the Court,
Nelson, J.
This case is supposed to turn upon the principals of the case of Warner v. Price 3 Wendell, 397. That was an action by a co-surety, who. had paid the debt against the defendants, assuming all of them to be principals, when the fact was, and he knew it at the time of signing the note, that only one of them was the principal. -There was, therefore, an attempt to subject the other sureties as principals, without any assent or agreement on their part to stand in that relation to the plaintiff, It was in that case well said by the chief justice, that the plaintiff a.nd the…
2Cases cited1 opinion
- Warner v. PriceNew York Supreme Court · 1829
3Cited by25 opinions
- Norton v. CoonsNew York Supreme Court · 1846
- Barry v. . RansomNew York Court of Appeals · 1855
- Paul v. BerryIllinois Supreme Court · 1875
- Mansfield v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Adams v. FlanaganSupreme Court of Vermont · 1863
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