Beckwith v. . Brackett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought upon a verbal agreement, which is set forth in the opinion; the material facts are also therein stated.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought upon a verbal agreement, which is set forth in the opinion; the material facts are also therein stated. To give effect to mutual contracts, entity of time as to their commencement, so as to bind both parties from the same point of time, is essential. (Jenkins v. U. T. Co., 1 Cai. Cas. 94; Livingston v. Rogers, 1 Cai. 583; Tucker v. Woods, 12…
1Opinion of the CourtRapallo, J.
We are of opinion that the agreement upon which this action is brought was a valid special undertaking, entered into by the defendants for the purpose of discharging an obligation of their own, previously contracted; that it was supported by a sufficient consideration and was not within the statute of frauds.
The defendants had, in December, 1868, executed a written guaranty, whereby they guaranteed to the plaintiffs the return of $4,000 of United States bonds loaned by the plaintiffs, at the same time, to the Rochester Iron Manufacturing Company. In November, 1877, the bonds not having been…
2Cited by6 opinions
- Smith v. . Rector, Etc., of St. Philip's ChurchNew York Court of Appeals · 1888
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Pratt-Gilbert Co. v. RenaudArizona Supreme Court · 1923
- Hayes v. HoodNew York Supreme Court · 1890
- Bull v. KendrickNew York Surrogate's Court · 1886
1 more not listed; retrieve them via the Exa API.