| N.Y. Sup. Ct. | Jan 15, 1838
By the Court,
The 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 Wend., 214" date_filed="1837-05-15" court="N.Y. Sup. Ct." case_name="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.
Judgment affirmed.