Kortlander v. Elston
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Michigan. At Law. Action in assumpsit on a contract of guaranty by Robert W. Elston against Adolph H. Kortlander. Judgment for plaintiff. Defendant brings error. Affirmed. Statement by Taft, Circuit Judge: Robert W. Elston, an alien, brought his action in assumpsit against Adolph H. Kortlander, a resident of Michigan, on a written contract of guaranty.
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In Error to the Circuit Court of the United States for the Western District of Michigan. At Law. Action in assumpsit on a contract of guaranty by Robert W. Elston against Adolph H. Kortlander. Judgment for plaintiff. Defendant brings error. Affirmed. Statement by Taft, Circuit Judge: Robert W. Elston, an alien, brought his action in assumpsit against Adolph H. Kortlander, a resident of Michigan, on a written contract of guaranty. Elston was the owner of an hotel and tract of land in Kent county, Mich., which in June, 1890, he contracted to sell to one Edwin Carman for $12,000, to be paid:…
1Opinion of the Court
Taft, Circuit Judge,
(after stating the facts.) The plaintiff in error has made 13 assignments of error. It will not be necessary to consider them in detail.
In the first place, it was contended on behalf of Kortlander that, as. surety, he was entitled, under the terms of the original land contract and his written guaranty, to have one fourth of the proceeds of the insurance policies from the destruction of the buildings applied to the amount due on his guaranty. It was said that he had guaranteed the payment of $3,000 out of the $12,000 to be paid for the land, and as surety he had a right in…
2Cases cited9 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Hanson v. ManleySupreme Court of Iowa · 1887
- First National Bank v. . WoodNew York Court of Appeals · 1877
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- Western Transportation & Coal Co. of Michigan v. KilderhouseNew York Court of Appeals · 1882
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- Evans v. KisterCourt of Appeals for the Sixth Circuit · 1899
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