City Nat'l Bk. of Poughkeepsie v. . Phelps
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the May term, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the May term, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The case is reported upon a former appeal in 89 N. Y. 484. This action was originally brought against William Phelps and Martin E. Kingman, composing the firm of Phelps &. Kingman, upon an instrument executed by that firm in 1861 to the City Bank of Poughkeepsie, guaranteeing the payment of any sum not exceeding $5,000, which one Woodruff might require of the bank for…
1Opinion of the CourtRapallo, J.
On the former appeal in this case (86 N. Y. 484), we decided that the plaintiff was entitled to recover of the defendant so much of the indebtedness of Woodruff to the City Bank, as was incurred before that bank reorganized as the City National Bank, and as remained unpaid. The same points were raised on that appeal, which are now urged by the appellant, so far as the indebtedness above referred to is concerned, and in that respect there was no material change in the facts on the second trial.
The question of the liability of the defendant for indebtedness incurred by Woodruff after the City…
2Cases cited1 opinion
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
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- People v. . BackusNew York Court of Appeals · 1889
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