Legal Opinion

Goodyear v. Watson

New York Supreme Court

Decided December 1, 1851PublishedCited by 16 opinions

Appeal from the decree of the surrogate of the county of Schoharie, in the matter of the final settlement of the accounts of the administrator and administratrix of the estate of Loren Thompson, deceased. On the 16th of March, 1841, a judgment was entered up in the supreme court, on bond and warrant of attorney, in favor of William Mann against the deceased and Abraham L. Lawyer, for $658,76 debt, and $16,91 damages and costs.

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Appeal from the decree of the surrogate of the county of Schoharie, in the matter of the final settlement of the accounts of the administrator and administratrix of the estate of Loren Thompson, deceased. On the 16th of March, 1841, a judgment was entered up in the supreme court, on bond and warrant of attorney, in favor of William Mann against the deceased and Abraham L. Lawyer, for $658,76 debt, and $16,91 damages and costs. The judgment was entered on a claim against the deceased, for money borrowed by him. Lawyer signed a joint promissory note first, $nd afterwards the bond, as the surety…

1Opinion of the Court

By the Court, Wright, J.

The case shows that Lawyer paid or furnished the means with which the respondent satisfied the judgment held by Mann, and that an assignment was taken of the same, for his benefit. The sum of $300 was originally borrowed from Mann by the deceased, for which he held the joint note of the decedent and Lawyer. No part of the money went to the latter. In March, 1841, a judgment was entered for the debt, on the joint bond and warrant of attorney of the intestate and Lawyer. Subsequently, and in the lifetime of the deceased, the judgment was paid. We have, therefore, the…

2Cases cited4 opinions

  1. New-York State Bank v. FletcherNew York Supreme Court · 1830
  2. Eddy v. TraverNew York Court of Chancery · 1837
  3. Clason v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1812
  4. Bank of Salina v. AbbotNew York Supreme Court · 1846

3Cited by16 opinions

  1. Smith v. RumseyMichigan Supreme Court · 1876
  2. Townsend v. . WhitneyNew York Court of Appeals · 1878
  3. Shutts v. . FingarNew York Court of Appeals · 1885
  4. Fairchild v. . LynchNew York Court of Appeals · 1885
  5. Alden v. ClarkNew York Supreme Court · 1855

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