Legal Opinion

Everson v. . Gere

New York Court of Appeals

Decided October 7, 1890PublishedCited by 25 opinions

Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 20,1886, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Circuit and granted a new trial. The nature of the action and the facts,, so far as material, are stated in the opinion. The instrument in question is a special, not a general guaranty.

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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 20,1886, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Circuit and granted a new trial. The nature of the action and the facts,, so far as material, are stated in the opinion. The instrument in question is a special, not a general guaranty. (Whitney v. Groot, 24 Wend. 81; Birkhead v. Brown, 5 Hill, 634; Barns v. Barrow, 61 N. Y. 39; Daniels on Reg. Inst. § 1768; E. N. Bk. v. Kaufmann, 93 N. Y. 276.) Such a guaranty cannot, before a cause…

1Opinion of the CourtHaight, J.

This action was brought to recover the amount due upon a, promissory note guaranteed by the defendant.

It appeared that on the 12th day of February, 1884, the Syracuse Iron Works executed its promissory note for $36,000, payable to the order of Charles E. Huhbell, treasurer, twelve months after date, with interest at six per cent per annum, payable sémi-annually; that the note was indorsed ■ by Charles E. Hubbell, treasurer, “ pay John Crouse & Co. or order,” and delivered to them, and attached thereto was the following guaranty signed by the defendants: “For value received of John Crouse &…

2Cases cited4 opinions

  1. Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
  2. Stillman v. . NorthrupNew York Court of Appeals · 1888
  3. Church v. . BrownNew York Court of Appeals · 1860
  4. McLaren v. Watson's ExecutorsNew York Supreme Court · 1841

3Cited by25 opinions

  1. Catskill National Bank v. DumaryNew York Court of Appeals · 1912
  2. Components Direct, Inc. v. European American Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Read v. Lehigh Valley Railroad Co.New York Court of Appeals · 1940
  4. State Ex Rel. Greene County v. National BankSupreme Court of North Carolina · 1927
  5. Tidioute Savings Bank v. LibbeyWisconsin Supreme Court · 1898

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