Gottsberger v. Radway
New York Court of Common Pleas
Appeal by defendant from a judgment of the District Court for the second district. The action was brought against the defendant as surety for one John B. Curtis, for the rent of premises hired by Curtis from the plaintiff. The grounds of the defence to the action are fully stated in the opinion of the court.
1Opinion of the Court
By the Court, Daly, First Judge.
By an agreement in writing, *343entered into January 21, 1858, between the plaintiff Gottsberger and one Curtis, Gottsberger agreed to let, and Curtis agreed to take certain premises for a specified period at a stipulated rent, and on the 28th of January following, the defendant Radway, in consideration of the above letting, agreed in writing with Gottsberger, to pay the rent or any arrears thereof that might remain due, or any damages that might arise from the non-performance of the covenants in the agreement between Gottsberger and Curtis. The making of these…
2Cases cited1 opinion
- Mumford v. BrownNew York Supreme Court · 1826
3Cited by5 opinions
- Bronner v. WalterAppellate Division of the Supreme Court of the State of New York · 1897
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1898
- Hall v. BestonNew York Supreme Court · 1896
- Donaldson v. NeidlingerCity of New York Municipal Court · 1888
- White v. ThurberNew York Supreme Court · 1890