Legal Opinion · Dissent

Peoples Trust Co. v. O'Neil

New York Court of Appeals

Decided March 16, 1937Published

1DissentO’Brien, J.

Appellant’s liability, if any, must rest upon her contract of guaranty. Her sole defense is the six-year Statute of Limitations. She was not the maker, as in State Bank of Binghamton v. Mangan (269 N. Y. 598), nor a co-maker, as in Hoover v. Hubbard (202 N. Y. 289) and Shoemaker v. Benedict (11 N. Y. 176), nor a surety, as in Littlefield v. Littlefield (91 N. Y. 203) and Gould v. Cayuga County Nat. Bank (86 N. Y. 75), nor an indorser within the provisions of the Negotiable Instru ments Law (Cons. Laws, ch. 38). Her status differs radically from that of the defendant in McMullen v. Rafferty…

2Cases cited11 opinions

  1. Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
  2. McMullen v. . RaffertyNew York Court of Appeals · 1882
  3. Brown v. . CurtissNew York Court of Appeals · 1849
  4. Murdock v. . WatermanNew York Court of Appeals · 1895
  5. Catskill National Bank v. DumaryNew York Court of Appeals · 1912

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