Legal Opinion

Assets Realization Co. v. Roth

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 1917PublishedCited by 1 opinion

Appeal by the plaintiff, Assets Realization Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 27th day of November, 1916, upon the verdict of a jury rendered by direction of the court dismissing the complaint, and also from an order entered in said clerk's office on the same day granting defendant an extra allowance of costs in the amount of $954.46. The action is to recover of defendant…

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Appeal by the plaintiff, Assets Realization Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 27th day of November, 1916, upon the verdict of a jury rendered by direction of the court dismissing the complaint, and also from an order entered in said clerk's office on the same day granting defendant an extra allowance of costs in the amount of $954.46. The action is to recover of defendant $21,200, with interest from September 28, 1908, upon a guaranty agreement as follows: “ Whereas, it has been thought…

1Opinion of the Court

Foote, J.:

The ground upon which a verdict in favor of defendant was directed is that by the contract between the two banks *328the liquidation was to be performed and completed by the German Bank; that defendant and his co-obligors on the guaranty agreement were entitled to such complete performance by the German Bank before they became hable and that performance by its receiver, or assignee, did not fulfill the contract; also that the guaranty was to the German Bank alone and was not assignable, or at least until after complete performance by it.

These same grounds are urged here to sustain the…

2Cases cited3 opinions

  1. Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
  2. Guardian Trust Company of New York v. . PeabodyNew York Court of Appeals · 1909
  3. Winne v. MehrbachAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by1 opinion

  1. Assets Realization Co. v. RothAppellate Division of the Supreme Court of the State of New York · 1922

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