Contracts · MBE-tested
Alexander Petrie, Respondent, v. William Barckley et al., Appellants
47 N.Y. 653·New York Court of Appeals·1872·NY
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Opinion
Alexander Petrie, Respondent, v. William Barckley et al., Appellants.
(Argued December 15th, 1872;
decided December, 19th, 1872.)
Action upon a bond executed by defendants. Cooke, one of the defendants, offered to show that he received no consideration for signing the bond, but signed the same as surety for defendant.BarcMey; evidence excluded. Held, no error; that this evidence alone constituted no defence, that the seal affixed to the bond was presumptive evidence of full consideration received by the principal, and that was sufficient to bind surety.
J. O. Strong for appellants.
John Gcmson for respondent.
[MAJORITY — Grover, J.,]
Grover, J.,
reads opinion for affirmance.
All concur.
Judgment affirmed.