Swift v. Beers

New York Supreme Court

Swift v. Beers

3 Denio 70

CourtNew York Supreme Court

DecidedMay 15, 1846

StatusPublished

Cited by20 cases

This text of 3 Denio 70 (Swift v. Beers) 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

Swift v. Beers, 3 Denio 70 (N.Y. Super. Ct. 1846).

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Opinion

By the Court, Bronson, Ch. J.

We have no doubt about this case. The note is directly within the terms of the prohibition of the act of 1840; and we do not doubt but that it was equally within the intention of the legislature. That act has no reference to the circulation of such notes as money, but was designed to prohibit them altogether for any purpose.

The guaranty partakes of the character of the principal contract. It was intended to reinforce and secure it—and is equally illegal. The circuit judge was right in nonsuiting the plaintiffs

New trial denied.

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By the Court, Bronson, Ch. J.

We have no doubt about this case. The note is directly within the terms of the prohibition of the act of 1840; and we do not doubt but that it was equally within the intention of the legislature. That act has no reference to the circulation of such notes as money, but was designed to prohibit them altogether for any purpose.

The guaranty partakes of the character of the principal contract. It was intended to reinforce and secure it—and is equally illegal. The circuit judge was right in nonsuiting the plaintiffs

New trial denied.

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Bluebook (online)

3 Denio 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-v-beers-nysupct-1846.

Opinion

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