Oakley v. Boorman
New York Supreme Court
Error from the superior court of the city of New York. Johnston & Boorman sued Oakley as the endorser of three promissory notes, bearing date 9th July, 1835, amounting together to the sum. of 87868 80, made by one John Ordronaux, payable eight months after date, to his own order, ¡and subsequently endorsed by him and passed to the plaintiffs for goods sold by them to a mercantile firm doing business under the name of Helio, Verren 6f Co. On the 14th-September succeeding the…
Read the full summary
Error from the superior court of the city of New York. Johnston & Boorman sued Oakley as the endorser of three promissory notes, bearing date 9th July, 1835, amounting together to the sum. of 87868 80, made by one John Ordronaux, payable eight months after date, to his own order, ¡and subsequently endorsed by him and passed to the plaintiffs for goods sold by them to a mercantile firm doing business under the name of Helio, Verren 6f Co. On the 14th-September succeeding the date of the notes, the defendant, for the consideration of $190, was induced to guarantee the payment of the notes,…
1Opinion of the Court
By the Court,
Cowekt, J.
Had this been an ordinary contract, of guaranty or insurance, there is no doubt that it must have contained all the requisites claimed for it by the defendant in the court below. A. consideration must have been expressed, and been followed by an agreement to guarantee or insure the payment, and the whole been subscribed by the defendant below.
But the defendant below did not put himself in the position of a man expressly contracting to pay the debt .of another by an ordinary simple contract, calling, in order to give it effect, 'for all the express requisites demanded by…
2Cases cited4 opinions
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Livingston v. HastieNew York Supreme Court · 1804
- Beardsley v. WarnerNew York Supreme Court · 1831
3Cited by35 opinions
- Wolford v. PowersIndiana Supreme Court · 1882
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Brewster v. . SilenceNew York Court of Appeals · 1853
- Ellis v. BrownNew York Supreme Court · 1849
- Luddington v. . BellNew York Court of Appeals · 1879
30 more not listed; retrieve them via the Exa API.