Campbell v. Butler

New York Supreme Court

Campbell v. Butler

14 Johns. 349

CourtNew York Supreme Court

DecidedOctober 15, 1817

StatusPublished

Cited by15 cases

This text of 14 Johns. 349 (Campbell v. Butler) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campbell v. Butler, 14 Johns. 349 (N.Y. Super. Ct. 1817).

Pincite

Opinion

Per Curiam.

The question is, whether the plaintiff below was authorized to write such a contract over the names of the .endorsers of the note, respectively, and can sustain an action upon that contract. According to the decision in Nelson v. Dubois, and as the law is recognised in Herrick v. Carman, we think the plaintiff had a perfect right to recover, as on an original undertaking to pay, by each of the endorsers, as guarantors of the note. The defendant in error is, therefore, entitled to judgment.

Judgment for the defendant in error.

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Per Curiam.

The question is, whether the plaintiff below was authorized to write such a contract over the names of the .endorsers of the note, respectively, and can sustain an action upon that contract. According to the decision in Nelson v. Dubois, and as the law is recognised in Herrick v. Carman, we think the plaintiff had a perfect right to recover, as on an original undertaking to pay, by each of the endorsers, as guarantors of the note. The defendant in error is, therefore, entitled to judgment.

Judgment for the defendant in error.

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Bluebook (online)

14 Johns. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-butler-nysupct-1817.

Opinion

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