Marsh v. Dunckel
New York Supreme Court
Appeal from a judgment, entered on the verdict of a jury at the Otsego County Circuit, and from an order denying a motion for a new trial made upon the minutes of the court. This action was commenced to recover upon a promissory note, of which the following is a copy: $200. Cooperstown, April 2, 1877. On the first day of April next (1878), for value received, I promise to pay John Marsh, or order, two hundred dollars, with interest. HARYEY L. SMITH. MENZO DUNCKEL.
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Appeal from a judgment, entered on the verdict of a jury at the Otsego County Circuit, and from an order denying a motion for a new trial made upon the minutes of the court. This action was commenced to recover upon a promissory note, of which the following is a copy: $200. Cooperstown, April 2, 1877. On the first day of April next (1878), for value received, I promise to pay John Marsh, or order, two hundred dollars, with interest. HARYEY L. SMITH. MENZO DUNCKEL. ADELBERT SMITH. Issue was joined by the service of an answer by the defendant, Menzo Dunckel, alleging that he was an…
1Opinion of the Court
Boardman, J.:
This action was against Dunckel, as surety upon a promissory-note given by Harvey L. Smith to the plaintiff. At the time when *168the note became due, and.at all times thereafter until this action was brought, Smith was insolvent, that is, he had not property-enough to pay his debts. After the note became due, Dunckel requested the plaintiff to proceed and collect this note. The plaintiff neglected to do so for a period of some six months. The defendant had a verdict.
Plaintiff’s counsel requested the court to charge the jury that he is entitled to recover, unless the principal debtor…
2Cases cited7 opinions
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Clark v. . SicklerNew York Court of Appeals · 1876
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