Gansevoort Bank v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire State Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, , entered in the office of the clerk of the county of New York on the 4th day of June, 1907, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Dissent
Patterson, P. J. (dissenting):
I cannot concur in the affirmance of this judgment. It is very plain, I think, that the surety was discharged by' an alteration in the *333terms of the agreement between the bank and the borrower of the money. The surety became responsible for the performance of the particular contract mentioned in the bond, and only for the repayment of a loan to be made by the bank to Newman of $5,000 upon his promissory note, payable four months after date. This bond was given after an arrangement had been made between the bank and Newman by which the bank undertook to make a loan…
2Cases cited5 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Page v. . KrekeyNew York Court of Appeals · 1893
- Paine v. . JonesNew York Court of Appeals · 1879
- Henderson v. MarvinNew York Supreme Court · 1859
- Walrath v. ThompsonNew York Court of Appeals · 1849