Belloni v. . Freeborn
New York Court of Appeals
Appeal from order of the Q-eneral Term of the Court of Common Pleas for the city and county of ¡New York, reversing a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon a bond which contained no recitals.
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Appeal from order of the Q-eneral Term of the Court of Common Pleas for the city and county of ¡New York, reversing a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon a bond which contained no recitals. The condition therein was as follows : “.The condition of the above obligation is such, that if the said William H. Bucknam shall fully pay and satisfy all claims or demands of Edward Matthews for the rent of room No. 6, and the basement of No. 57 Broadway, in the city of New York, and shall hold the said Charles Belloni harmless from any and…
1Opinion of the Court
.Allen, J.
The undertaking of the defendants was as sureties for one Bueknam; and the right of the plaintiff to recover at all is challenged upon the ground that upon the only interpretation of the condition of the obligation allowable, as against sureties liable only strictissimi juris, no liability attached. The claim is that the-bond is to pay the rent mentioned and indemnify the obligee only as against a liability therefor, already incurred by him and existing at the time of the execution of the instrument.
There is no rule exclusively applicable to instruments of suretyship and requiring…
2Cases cited5 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Wright v. WhitingNew York Supreme Court · 1863
- Poppenhusen v. SeeleyNew York Court of Appeals · 1866
3Cited by62 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Wills v. RossIndiana Supreme Court · 1881
- Shreffler v. NadelhofferIllinois Supreme Court · 1890
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
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