Beecher v. Allen
New York Supreme Court
This was an appeal by the defendants, from the Saratoga county court. The action was assumpsit, and was commenced in that court after the first Monday of July, 1847, and was tried in the term of January, 1848. The parties were inhabitants of the county of Saratoga, and the sum claimed in the plaintiff’s declaration did not exceed $2000. The jury found a verdict for the plaintiff for $208,78. The facts and the legal questions arising thereon, appear from the following…
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This was an appeal by the defendants, from the Saratoga county court. The action was assumpsit, and was commenced in that court after the first Monday of July, 1847, and was tried in the term of January, 1848. The parties were inhabitants of the county of Saratoga, and the sum claimed in the plaintiff’s declaration did not exceed $2000. The jury found a verdict for the plaintiff for $208,78. The facts and the legal questions arising thereon, appear from the following opinions delivered by members of the court.
1Opinion of the CourtWillard, J.
The plaintiffs, as administrators of Eliphas M. Day, deceased, in the year 1847, and after the first Monday of July of that year, brought a suit against the defendant, upon a guaranty in writing, endorsed on a promissory note made by Lucius Loss and George Kemp, in these words: “ For value received I guaranty the collection of the within note, and waive all notice. July 19,1842. Ira Beecher.” It was admitted that E. M. Day died in December, 1842. It does not appear by the case to whom the note was made payable, nor the amount for which it was given, nor the time when. There was due on the day…
2Cases cited1 opinion
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
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- Arnold v. . ReesNew York Court of Appeals · 1858
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