Wright v. Whiting
New York Supreme Court
APPEAL by the defendant from a judgment rendered in favor of the plaintiff, under the direction of the court, at the Columbia circuit, in January, 1861. On the 31st day of December, 1856, C. Whiting, jun. and George M. Lathrop, who were cojoartners in business under the two firms of G. M, Lathrop & Co. and Lathrop & Whiting, dissolved their partnerships.
Read the full summary
APPEAL by the defendant from a judgment rendered in favor of the plaintiff, under the direction of the court, at the Columbia circuit, in January, 1861. On the 31st day of December, 1856, C. Whiting, jun. and George M. Lathrop, who were cojoartners in business under the two firms of G. M, Lathrop & Co. and Lathrop & Whiting, dissolved their partnerships. Whereupon the defendant Charles Whiting, and Charles Whiting, jun. executed and delivered to the said George M. Lathrop an instrument in writing in the words following, to wit: “ For value received of George M. Lathrop, we, Charles Whiting…
1Opinion of the CourtMiller, J.
The principal question in this case is whether the agreement executed by the defendant was a mere indemnity, requiring proof of actual damage before a recovery can be had, or whether it was a covenant to pay, which was broken when the defendant failed to pay the debt upon which the Van Hoesen judgment was obtained.
It is undoubtedly true, as a general proposition, that in order to recover upon a bond or agreement to indemnity and save harmless, actual damage must be proved; the money must be paid, and it must be made to appear that some injury has accrued to the party. (Churchill v. Hunt, 3…
2Cases cited8 opinions
- Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860
- Churchill v. HuntNew York Supreme Court · 1846
- Thompson v. KetchamNew York Supreme Court · 1811
- In re NegusNew York Supreme Court · 1832
- Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Empire State Surety Co. v. LindenmeierSupreme Court of Colorado · 1913
- Friend v. RalstonWashington Supreme Court · 1904
- Gunel v. CueIndiana Supreme Court · 1880
- Cythe v. La FontainNew York Supreme Court · 1868
7 more not listed; retrieve them via the Exa API.