Hough v. Gray

Decided January 15, 1838

New York Supreme Court · decided 1838-01-15

Error from the Warren common pleas. Gray sued Hough in a justice’s court and declared on a guaranty entered into by the defendant, endorsed on a promissory note made by Daniel Moon for the sum of $45, dated 7th January, 1834, and payable to John Cameron or bearer, on the 1st February 1835. The guaranty was in these words : “ This “ may certify that I guarantee the payment of the. within “ note—dated 7 January, 1834;” and was signed by the defendant.

Good law ✅— No negative treatment on recordhow we know

Decided 1838-01-15

How this case has been cited

Cited by 23 later decisions — most recently November 1889

21 state decisions — followed in 10 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Cowen, J.

¶2The note was absolutely payable and therefore negotiable within the statute. Had the endorsement been blank, I should think the defendant below might have insisted on the privilege of an endorser and reposed himself on the want of a demand and notice; but he endorsed an absolute guaranty in so many words. The court below were clearly right, therefore, in holding that'he made himself a joint and several promissor with the admitted maker. I do not go over the authorities, having had occasion, very recently, to examine all that have been cited, with several others, in Dean v. Hall, 17 Wendell, 214, and felt then, as T do still on a re-examination of the same question, perfectly clear in the distinction I have mentioned.

¶3Judgment affirmed.