Legal Opinion

Gilleran v. Springfield L. I. Cemetery Society

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1916PublishedCited by 1 opinion

Appeal by the defendant, Springfield L. I. Cemetery Society, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 4th day of October, 1916.

1Opinion of the Court

Thomas, J.:

The demurrer to the complaint was overruled. The complaint would state two causes of action, but the basis of each is that, in 1909, at defendant cemetery society’s request and for its benefit, the plaintiff and Jaffe upon their promissory note borrowed from a bank $25,000, and pledged for its payment $375,000 of certificates of indebtedness issued by the defendant, one-half of which was owned by the plaintiff and the other half by Jaffe. The defendant induced such action by a promise to assume, and to pay, the note and save the makers harmless. The complaint further alleges that…

2Cases cited4 opinions

  1. Marie v. . GarrisonNew York Court of Appeals · 1880
  2. Gould v. GouldCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. Gould v. GouldNew York Supreme Court · 1828
  4. Wright v. PostSupreme Court of Connecticut · 1819

3Cited by1 opinion

  1. Schwartzman v. Pines Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1919

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