Jones v. . Bacon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon ,an order made October 3, 1893, which denied a motion for a new trial and ordered judgment in favor of defendant entered upon an order non-suiting plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon ,an order made October 3, 1893, which denied a motion for a new trial and ordered judgment in favor of defendant entered upon an order non-suiting plaintiff. This action was brought to recover damages for a breach of an oral contract alleged to have been made by James McKechnie, defendant’s testator, to indemnify him in case of his indorsement of certain notes made by one Kingsbury. Upon the trial plaintiff called Kingsbury as a witness to prove the alleged promise. His testimony on…
1Opinion of the Court
Andrews, Ch. J.
The oral promise of the defendant’s testator to the plaintiff was, in substance, a promise of indemnity in case the plaintiff would become indorser on the note of Kingsbury to the banking firm of McKechnie & Co. for a debt of Kingsbury to the bank. The plaintiff thereupon indorsed the note of Kingsbury to the bank, and has been compelled to pay thereon the sum of about $16,000, Kingsbury having made default and being insolvent. This is a statement of the facts in the simplest form, and the question arises whether the oral promise by the defendant’s testator to indemnify the…
2Cases cited2 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Chapin v. MerrillNew York Supreme Court · 1830
3Cited by20 opinions
- General Phoenix Corp. v. CabotNew York Court of Appeals · 1949
- Howell v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
- Horne v. CommissionerUnited States Tax Court · 1972
- Krause v. American Guarantee & Liability InsuranceNew York Court of Appeals · 1968
- Aetna Casualty & Surety Co. v. Phoenix National Bank & Trust Co.Supreme Court of the United States · 1932
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