Cahill Iron Works v. Pemberton
New York Court of Common Pleas
Action by the Cahill Iron Works against Frank B. Pemberton. Plaintiff’s motion for judgment on a demurrer to the complaint on the ground that the demurrer was frivolous having been overruled, (27 N. Y. Supp. 927,) the cause is now heard on the demurrer. Overruled.
1Opinion of the CourtGtegebich, J.
This action is upon two distinct contracts of guaranty, set forth verbatim in the complaint. The defendant demurs to each cause of action on the ground that the facts stated are insufficient, in that the written guaranties pleaded do not show any consideration, as is required by the statute of frauds of this state. Barney v. Forbes, 118 N. Y. 580, 585, 23 N. E. 890, and cases cited. The plaintiff urges that as the guaranties were given, and intended to be performed, in Tennessee, the law7 of Few York state is inapplicable; but considering the question on the grounds which the demurrant…
2Cases cited9 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Cutler v. . WrightNew York Court of Appeals · 1860
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
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3Cited by1 opinion
- Winch v. Farmers' Loan & Trust Co.New York Court of Common Pleas · 1895