Delaware, Lackawanna & Western Railroad v. Burkhard
New York Supreme Court
•' Motion by tbe plaintiff for a new trial on exceptions taken at tbe Monroe Circuit, and ordered to be beard at General Term in tbe first instance.
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•' Motion by tbe plaintiff for a new trial on exceptions taken at tbe Monroe Circuit, and ordered to be beard at General Term in tbe first instance. The action was brought on an instrument made by tbe defendants, as follows: “ For a valuable consideration to us in band paid by tbe Delaware, Lackawanna and Western Railroad Company, at and before tbe execution hereof, the receipt of which is hereby acknowledged, we do hereby agree to and with tbe said company that Frank J. Florack, of tbe city of Rochester, State of New York, who has purchased, or is about to purchase, anthracite coal of said…
1Opinion of the Court
Bradley, J.:
The married woman defendant was not bound by the agreement. The only question presented in this case is whether the extension of time of payment given to Florack, and produced by the renewal of his notes, operated to discharge the male defendants from liability on their agreement of guaranty. Their relation was that of sureties and their liability rested wholly in the agreement to answer for the default of their principal, who it may be assumed had credit on the faith of the obligation of the defendants. The intention of the parties must be derived from the language used in the…
2Cases cited15 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Pain v. PackardNew York Supreme Court · 1816
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Barns v. . BarrowNew York Court of Appeals · 1874
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