Beagle v. Cable
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edwin B. Cable, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of tlie clerk of the county of Delaware on the 18th day of April, 1900, upon the decision of. the court rendered after a trial at the Delaware Special Terra.
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Appeal by the defendant, Edwin B. Cable, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of tlie clerk of the county of Delaware on the 18th day of April, 1900, upon the decision of. the court rendered after a trial at the Delaware Special Terra. On the 9th day of September, 1897, the defendant and one Buckbee, being then the owners-óf a tract of woodland, all the timber- upon which they desired to cut and fit for market, so far as it was suitable for that purpose, entered into an agreement in writing with Lee & Eggleston, by which the latter agreed to…
1Opinion of the Court
Merwin, J.:
The recovery here is on the theory that Lee <fc Eggleston are liable to the plaintiffs and, therefore, the defendant is liable on his guaranty.
The defendant does not guarantee that Lee & Eggleston should perform their contract. He only guarantees the payment of the saw bill upon the terms and conditions, imposed in the contract. According to those terms, a portion of the saw bill became due from time to time according as the work progressed. That amount has been paid by the defendant, or substantially that amount. The balance of the saw bill for the ties was to be paid when the…
2Cases cited2 opinions
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
- Creamer v. . MitchellNew York Court of Appeals · 1900
3Cited by4 opinions
- M.H. Metal Products Corporation v. AprilNew York Court of Appeals · 1929
- Schaffran v. Mt. Vernon-Woodberry Mills, Inc.Court of Appeals for the Third Circuit · 1934
- Tillotson & Wolcott Co. v. Scottdale MacHine & Mfg. Co.Ohio Court of Appeals · 1926
- Kelvin Engineering Co. v. BlancoNew York Supreme Court · 1925