President & Directors of Bank v. Livingston
This text of 2 Johns. Cas. 409 (President & Directors of Bank v. Livingston) 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.
Opinion
The members of the committee were mere agents in this transaction, and there was no necessity of suing them. The defendant absolutely guarantied the payment of the sum subscribed by him. He stands as surety at least, and is liable, in the first instance, to the plaintiffs. It is unnecessary to decide whether the plaintiffs could maintain an action against the agents. If they could, the defendant is collaterally liable, and the plaintiffs have done all that was necessary to make the defendant responsible.
Motion denied.(
(a) See Theobald on Principal and; Surety, 1, 2, 45, et seq. Pitman on Principal and Surety, 26, et seq. Burge on Principal and Surety, 40, et seq.
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