Legal Opinion

Hamilton v. . Van Rensselaer

New York Court of Appeals

Decided January 24, 1871PublishedCited by 31 opinions

This is an appeal from the judgment of the Supreme Court, of the first district, rendered on the submission of a controversy without action. The facts sufficiently appear from the opinion of the court. insisted that the obligation of a surety is to be strictly construed. (Gates v. McKee, 3 Ker., 232; 21 How.

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This is an appeal from the judgment of the Supreme Court, of the first district, rendered on the submission of a controversy without action. The facts sufficiently appear from the opinion of the court. insisted that the obligation of a surety is to be strictly construed. (Gates v. McKee, 3 Ker., 232; 21 How. U. S., 66; 2 Caine’s Cases, 1; 10 J. R., 180; 14 B. R., 536; 6 Hill, 540; 2 Comst., 185; 6 Seld., 469; 9 Wheat., 680, 720; 6 Duer, 276.) That he only agreed to pay interest until principal fell due. (6 Car. & Payne, 661; 5 Cow., 587, 611; 18 N. Y., 35; 9 W., 471; 10 P., 49; 2 Allen, 239;…

1Opinion of the Court

Church, Ch. J.

This case came before the Supreme Court upon a submission under section 372 of the Code. William D. Waddington, with two others, were indebted to the plaintiff’s assignor in the sum of $10,000. In July, 1854, it was agreed that Waddington should be released from his joint liability on said debt upon executing and delivering his bond for one-third of said amount, payable in January, 1861, with semi-annual interest and the defendant’s guaranty of the payment of the interest, which was done. The claim against the defendant is based upon the guaranty, which is in the following…

2Cases cited4 opinions

  1. Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
  2. Brainard v. . JonesNew York Court of Appeals · 1858
  3. Jacot v. EmmettNew York Court of Chancery · 1844
  4. Van Beuren v. Van GaasbeckNew York Supreme Court · 1825

3Cited by31 opinions

  1. O'Brien v. . YoungNew York Court of Appeals · 1884
  2. Belloni v. . FreebornNew York Court of Appeals · 1875
  3. Shreffler v. NadelhofferIllinois Supreme Court · 1890
  4. Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
  5. Shindler v. LambNew York Supreme Court · 1959

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