Legal Opinion

City of New York v. Clark

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 3 opinions

Submission of a controversy upon an agreed statement of facts,, pursuant to section 1279 of the Code of Civil Procedure.

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Submission of a controversy upon an agreed statement of facts,, pursuant to section 1279 of the Code of Civil Procedure. An agreement Was entered .into by and between Alonzo T, Decker, doing business under the firm name of A. T. Decker &. Co., and the dock commissioners, representing the city of New1 York, whereby the said Decker leased the dock or pier at the foot of Bethune street, North river, for the term of five years from the 1st day of May, 1890, agreeing to pay the city therefor the annual rental of $1,200. On or about the 15th day of May, 1890, the said Alonzo T. Decker, as…

1Opinion of the Court

Hatch, J.:

It has been settled by repeated adjudication that contracts of suretyship are to be construed like other contracts so as to give effect to the intention of the parties. As stated by Judge Earl in People v. Backus (117 N. Y. 196): “In ascertaining that intention we are to read the language used by the parties in the light of the circumstances surrounding the execution of the instrument, and when we have thus ascertained their meaning we are to give it effect. But when the meaning of the language used has been thus ascertained, the responsibility of the surety is not to be extended or…

2Cases cited4 opinions

  1. Smith v. . MollesonNew York Court of Appeals · 1896
  2. Page v. . KrekeyNew York Court of Appeals · 1893
  3. People v. . BackusNew York Court of Appeals · 1889
  4. John Hancock Mutual Life Insurance v. LowenbergNew York Court of Appeals · 1890

3Cited by3 opinions

  1. Salomon v. Cawston Ostrich FarmCalifornia Court of Appeal · 1919
  2. City of New York v. CokenesAppellate Division of the Supreme Court of the State of New York · 1930
  3. In re Irving Trust Co.New York Surrogate's Court · 1930

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