Spies v. . Lockwood
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made May 5, 1899, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtHaight, J.
This action was brought to set aside a bond and mortgage executed by the plaintiff and delivered to the defendant Lockwood, as trustee for certain other persons.
One Francis Spies, the husband of the plaintiff, was doing business in the city of Hew York under the name of Marcial & Co. He procured from three bankers, John Monroe & Co., the Canadian Bank of Commerce and Klein wort, Sons & Co., a number of letters of credit, giving for each as security the guarantee of the firm of Way dell & Co., also of the city of Hew York. Spies died on the 21st day of June, 1893, leaving his estate insolvent.…
2Cases cited2 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
3Cited by2 opinions
- People v. Thompson & Potter, Inc.New York Court of Appeals · 1942
- People v. MackellNew York Court of Appeals · 1976