Farnham v. Mallory
New York Court of Appeals
George Farnham and Henry Wombough, executors of William Wombough, deceased, brought this action in the supreme court, against William M. Mallory, on a guaranty by Mallory of a bond given by the defendant, together with one Hiram W. Bostwick, to the plaintiffs, conditioned for the payment and discharge of a mortgage made by one Robert Miller, which was a lien on lands conveyed to the decedent by the defendant Mallory.
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George Farnham and Henry Wombough, executors of William Wombough, deceased, brought this action in the supreme court, against William M. Mallory, on a guaranty by Mallory of a bond given by the defendant, together with one Hiram W. Bostwick, to the plaintiffs, conditioned for the payment and discharge of a mortgage made by one Robert Miller, which was a lien on lands conveyed to the decedent by the defendant Mallory. The facts are more fully, stated in the opinion of the court. The following is a copy of the complaint, omitting mere details: “ The complaint of the plaintiffs respectfully…
1Opinion of the Court
By the Court.
Davies, Ch. J.
The plaintiff’s claim in this action is based upon a guarantee of a bond made by Lauren Mallory and Hiram W. Bostwick to the plaintiffs, in these words:
“ Know all men by these presents, that we, Lauren Mallory and Hiram W; Bostwick, of Corning, Steuben county, New York, are held and firmly bonded unto George Famham and Henry Wombough, both of Addison, Steuben county, New York, executors of the last will and testament of William Wombough, deceased, late of Addison, in said county of Steuben, in the sum of seven thousand dollars, lawful money of the United States of…
2Cited by2 opinions
- Maicas v. LeonyCity of New York Municipal Court · 1889
- Gregory v. MichaelsCity of New York Municipal Court · 1892