Farmers' & Mechanics' National Bank v. Lang
New York Supreme Court
Appeal from a judgment of the Superior Court of Buffalo, entered upon the verdict of a jury in favor of the plaintiff, rendered by the direction of the court. After appeal brought, the case was certified to this court, because of the incapacity of two of the judges of the Superior Court to hear the appeal.
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Appeal from a judgment of the Superior Court of Buffalo, entered upon the verdict of a jury in favor of the plaintiff, rendered by the direction of the court. After appeal brought, the case was certified to this court, because of the incapacity of two of the judges of the Superior Court to hear the appeal. The gist of this agreement is that the defendant guaranteed that the property pledged by "Weppner to the bank should not be applied to any other purposes than those stated in the instrument. His contract is not operative until it is shown that there was an actual pledge or transfer of…
1Opinion of the Court
Smith, J.:
In 1874, one Frank Weppner, who was engaged in business in Buffalo as a pork-paeker, and who had been a customer of the plaintiff, applied to the plaintiff to extend his line of discount, and on October 30, in that year, he procured and delivered to the plaintiff, in the presence of the defendant, a written' instrument executed by the defendant, upon which this suit is brought, and of which the following is a copy :
“ Buffalo, October 30, 1874.
“ Whereas, Frank Weppner is engaged in business in the city of' Buffalo, as porkpacker and dealer in meats, and is desirous of increasing his…
2Cases cited2 opinions
- Griggs v. HoweNew York Supreme Court · 1860
- Griggs v. HoweNew York Court of Appeals · 1866