Walrath v. Thompson
New York Court of Appeals
This case was before the supreme court, and is reported in 6 Hill, 540, (see also 4 Hill, 200,) when a new trial was ordered on the ground that there had not been a compliance with the terms of the guaranty, and consequently the defendant was not bound by it. The cause was afterwards tried, and the plaintiff was nonsuited, on the ground upon which the new trial had been ordered.
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This case was before the supreme court, and is reported in 6 Hill, 540, (see also 4 Hill, 200,) when a new trial was ordered on the ground that there had not been a compliance with the terms of the guaranty, and consequently the defendant was not bound by it. The cause was afterwards tried, and the plaintiff was nonsuited, on the ground upon which the new trial had been ordered. The plaintiff excepted, and after judgment against him in the supreme court, brought error to this court.
1Opinion of the Court
After advisement, the Court held that the cause had been properly disposed of, and affirmed the judgment.1
Hunt v. Smith, 17 Wend. 179 ; Marsh v. Day, 18 Pick. 321 ; Millet v. Stewart, 9 Wheat. 680 ; United States v. Kirkpatrick, Id. 720 ; Wardens of St. Saviour’s v. Bustock, 5 Bos. & Pul. 175 ; Dedham Bank v. Chickering, 3 Pick. 341 ; Union Bank v. Ridgely, 1 Har. & Gill 432 ; Arlington v. Merriche 2 Saund. 403 ; Kennebeck Bank v. Turner, 2 Greenl. 42 ; Leadley v. Evans, 2 Bing. 32 ; s. c. 9 Moore 102 ; Liverpool Waterworks v. Atkinson, 6 East 507 ; Peppin v. Cooper, 2 Barn. & Ald. 431 ;…
2Cases cited2 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Hunt v. SmithNew York Supreme Court · 1837
3Cited by2 opinions
- Peoples Bank of Hamburg v. C. L. Gates, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
- Gansevoort Bank v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908