Standard Underground Cable Co. v. Stone
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry C. Stone, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 18th day of April, 1898, upon the decision of the court rendered after a trial at the Madison Trial Term before the court without a jury.
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Appeal by the defendant, Harry C. Stone, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 18th day of April, 1898, upon the decision of the court rendered after a trial at the Madison Trial Term before the court without a jury. The Electrical Supply and Construction Company, of Pittsburg, Penn., in September, 1895, desiring to obtain goods from plaintiff on credit, it was mutually agreed that the former should furnish to the latter a bond to secure it for goods thereafter sold and delivered, with W. H. Stone,…
1Opinion of the Court
Putnam, J.:
When the bond on which the plaintiff sought to maintain the action came into the hands of Mr. Douhleday, president of the principal obligor therein, it was a completely executed instrument. Those named therein, and who, by-its terms, were hound by it, had affixed their signatures thereto. But Mr. Douhleday evidently signed his name thereto with intent to become an additional surety. Under the original arrangement between the plaintiff and the Electrical Supply and Construction Company he was to become such. It has been held that one executing an instrument, signed by others who are…
2Cases cited12 opinions
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Miller v. FinleyMichigan Supreme Court · 1872
- Mersman v. WergesSupreme Court of the United States · 1884
- Nash v. FugateSupreme Court of Virginia · 1880
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