Clokey v. Evansville & Terre Haute Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Evansville and Terre Haute Railroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 13th day of January, 1897, upon the decision of the court rendered after a trial at the Hew York Special Term overruling its demurrer to the complaint.
1Opinion of the Court
Ingraham, J. :
The obligation of the defendant sought to be enforced in this action is alleged to be its guaranty, as follows : “ The Evansville and *305Terre Haute Railroad Company hereby guarantees to the holder of the within bond the punctual payment of the principal and interest thereof when and as the same shall become due and payable.” The bonds upon which this indorsement was placed are alleged to bé bonds of a corporation known as the Evansville and Richmond Railroad Company; and it is alleged that the plaintiff is the owner and holder of fifty-five coupons of twenty-five dollars each, and…
2Cases cited1 opinion
- Dougan v. Evansville & Terre Haute RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Higgins v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Klein v. East River Electric Light Co.Appellate Terms of the Supreme Court of New York · 1901