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3 E.D. Smith 561

Sieckman v. Allen

New York Court of Common Pleas

Decided December 15, 1854

New York Court of Common Pleas · decided 1854-12-15

Action in the Marine Court, by an indorsee against the defendant as indorser of a promissory note, given under the circumstances stated in the opinion. The indorsement was in this form: “ Thomas E. Allen, Admr.” and the plaintiff sought to charge the defendant personally. The judgment below was for the defendant, and the plaintiff appealed.

Relies on Thacher v. Dinsmore · Watson v. Randall · Dean & Chamberlain v. Allen

Decided 1854-12-15

By the Court. Daly, J.

¶1The note in suit, which was the note of a third party, payable to his order and indorsed by him, was, before it fell due, indorsed by the defendant as administrator, and given by him to the plaintiff for a debt due the *565plaintiff by the intestate’s widow, for necessaries furnished to her after her husband’s death.

¶2There can be no doubt that the defendant is personally liable upon the indorsement, and that he need not be sued as administrator. (King v. Thom, 1 Term R. 487; Childs v. Morris, 2 B. and B. 460; Thatcher v. Dinsmore, 5 Mass. 299.)

¶3An administrator or executor may indorse notes left by the intestate, or give notes himself qualifying his liability; but where, as in this case, he indorses a note and gives it for a debt contracted by the widow after her husband’s death, he becomes personally liable for the payment of the note, and may be sued in his individual capacity, it being perfectly immaterial whether he indorsed it with the addition of the word administrator or not. The acceptance of the note by the plaintiff suspended his remedy on the original debt against Mrs. Carpenter (Dean v. Allen, 8 Johns. 390); and the forbearance constituted a good consideration for the defendant’s indorsing the note. (Watson v. Randall, 20 Wend. 201.) The judgment should be reversed.

¶4Judgment reversed.

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