Hunt v. . Roberts
New York Court of Appeals
Appeal from an order of the General Term of the Hew York Common Pleas, affirming a judgment in favor of the plaintiffs, entered upon the report of Hamilton W. Robinson, Esq., sole referee. The action was brought upon a contract of guaranty.
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Appeal from an order of the General Term of the Hew York Common Pleas, affirming a judgment in favor of the plaintiffs, entered upon the report of Hamilton W. Robinson, Esq., sole referee. The action was brought upon a contract of guaranty. The facts sufficiently appear in the opinion of the court. cited Carman v. Pultz (21 N. Y., 549); Young v. Hunter (2 Seld., 204); Moses v. Bierling (31 N. Y., 464); Smith v. Gugerty (4 Barb., 621); Farnham v. Ross (2 Hall, 161); Jones v. Judd (5 Comst., 411); Green v. Haines (1 Hill, 254).
1Opinion of the CourtRapallo, J.
By a contract dated August 12, 1861, the plaintiffs’ agreed with Crossley to do the carpenters’ work on the houses for the sum of $2,625, and to complete the work on or before the 15th of October, 1861; Crossley was to furnish the materials. The defendant guaranteed the fulfillment of the contract on the part of Crossley.
The work was not finished on the 15th of October, and between that day and the 1st of Hovember the defendant gave notice to the plaintiffs that if they did not complete the work before the 1st of November, 1861, he would not be responsible as guarantor after that day. The…
2Cases cited1 opinion
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