White v. Meyer
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine Court of the city of New York, entered upon a decision of the general term of that court, affirming a judgment of that court entered on the verdict of a jury directed at trial term. ■ The action was brought against the defendant as surety on a lease made by the plaintiff to one Cochrane, to recover the rent due for December, 1875, and January, 1876. The defendant showed that no notice of Cochrane’s default in payment of…
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Appeal by the defendant from a judgment of the Marine Court of the city of New York, entered upon a decision of the general term of that court, affirming a judgment of that court entered on the verdict of a jury directed at trial term. ■ The action was brought against the defendant as surety on a lease made by the plaintiff to one Cochrane, to recover the rent due for December, 1875, and January, 1876. The defendant showed that no notice of Cochrane’s default in payment of the rent had been given him until February 19th, 1876. The body of the agreement on which the defendant was sought to be…
1Opinion of the CourtLarremore, J.
As between the parties to this action no such mutual mistake was shown as would have authorized a court of equity to reform the contract. The mistake, if there were one, rested with the-defendant and his own bookkeeper. There was no attempt on the part of the plaintiff to mislead or deceive the defendant. The contract in question was left with him for examination and execution. He directed his book-keeper to make an alteration in it. That the latter was chargeable with an omission in the performance *430of his duty in nowise affects the rights of a third party without knowledge of such fact.…
2Cases cited6 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Curley v. TomlinsonNew York Court of Common Pleas · 1874
- Mount v. . MitchellNew York Court of Appeals · 1865
- Goodrich v. . ThompsonNew York Court of Appeals · 1871
- Witbeck v. SchuylerNew York Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Waters v. MarrinNew York Court of Common Pleas · 1884