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4 Thomp. & Cook 75

Clark v. Hampton

New York Supreme Court

Decided June 15, 1874

New York Supreme Court · decided 1874-06-15

The action was brought by Henry M. Clark against Isaac Hampton, upon a guaranty of a note, of which the following is a copy, -with the guaranty: “For value received, I promise to pay Isaac Hampton, or bearer, twenty-five dollars one year from date, with interest.

Relies on Jansen v. Ball · Bridge v. Mason

Decided 1874-06-15

E. Darwin Smith, J.

¶1The judgment of reversal by the county court, I think, was entirely correct on several grounds. The. guaranty was invalid for want of any consideration expressed in it, but the defendant was clearly entitled to show that the maker of said note was entirely worthless and that a judgment against him could not be collected within the cases of Bridge v. Mason, 45 Barb. 38, and Jansen v. Ball, 6 Cow. 628, as held by the county judge.

¶2The judgment of the county court should be affirmed.

¶3Judgment affirmed.

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