Hernandez v. Stilwell
New York Court of Common Pleas
Appeal by" the defendant from an order made at special term, by Judge Van Hoesen, overruling a demurrer to the complaint. • The action was brought by Hernandez, upon a contract of Stilwell, indorsed upon the bond of one Remington.
Read the full summary
Appeal by" the defendant from an order made at special term, by Judge Van Hoesen, overruling a demurrer to the complaint. • The action was brought by Hernandez, upon a contract of Stilwell, indorsed upon the bond of one Remington. The complaint set forth the contract, which was in the following words: “ For and in consideration of one dollar, to me in hand paid by Ramon Martinez Hernandez, the receipt of which is hereby acknowledged, and other good and valuable considerations me thereto moving, I hereby expressly guarantee unto the said Ramon Martinez Hernandez the ultimate payment of the sum…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The defendant’s obligation was a conditional undertaking. He guaranteed the ultimate payment of the sum of money named in the bond given by Remington to the plaintiff, together with interest and all lawful charges, or so much thereof as might be due *362and owing. He did not engage as principal. ■ His obligation imposed upon him no duty but the ultimate payment, if Remington failed to pay, of what might be due on the bond, with interest and all lawful charges. It was a guaranty. He says, “ I expressly guaranteewhich is to engage for the payment of a debt or the…
2Cases cited11 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Craig v. . ParkisNew York Court of Appeals · 1869
- Brown v. . CurtissNew York Court of Appeals · 1849
- People v. AaronsNew York Court of Appeals · 2004
- Crist v. BurlingameNew York Supreme Court · 1862
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- First National Bank v. JonesNew York Court of Appeals · 1916
- In re the Estate of ReddingNew York Surrogate's Court · 1941