Bradford v. Corey
New York Supreme Court
This was a motion on the part of the plaintiff to set aside the report of a referee made in favor of the defendant Corey. The suit was commenced in 1844, by a declaration containing the money counts alone, on a joint note given by Abraham Shuler and Francis Newkirk to Henry Randall or bearer, dated December 17, 1836, payable two years after date, and endorsed by Martin J. Borst, David P. Corey, and Timothy Livingston.
Read the full summary
This was a motion on the part of the plaintiff to set aside the report of a referee made in favor of the defendant Corey. The suit was commenced in 1844, by a declaration containing the money counts alone, on a joint note given by Abraham Shuler and Francis Newkirk to Henry Randall or bearer, dated December 17, 1836, payable two years after date, and endorsed by Martin J. Borst, David P. Corey, and Timothy Livingston. Corey affixed to his name the word “ surety,” and Livingston the word “ security”. A copy of the note was added to and served with the declaration. The declaration was made out…
1Opinion of the Court
By the Court, Paige, P. J.
An endorser of a promissory note, although in the nature of a surety, is not, for all purposes, entitled to the privileges of that character. He is answerable upon an independent contract, and it is his duty to take up the note when it is dishonored. (6 Wend. 613. 8 Id. 199. 9 Cowen, 206. 21 Wend. 504. 16 John. 152. Id. 72, 40.) *463The endorser, when duly fixed, ought to pay the note, without waiting to be sued. If he permits himself to be sued, it is his own fault, and he cannot resort to the drawers for indemnity against the costs of the suit. (Simpson v. Griffin, 9…
2Cases cited6 opinions
- Griffith v. ReedNew York Supreme Court · 1839
- Trimble v. ThorneNew York Supreme Court · 1819
- Hubbly v. Brown & Nichols.New York Supreme Court · 1819
- Beardsley v. WarnerNew York Supreme Court · 1831
- Butler v. RawsonCourt for the Trial of Impeachments and Correction of Errors · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Watson v. ShuttleworthNew York Supreme Court · 1869
- Converse v. CookNew York Supreme Court · 1881