Jackson v. . Swart
New York Court of Appeals
Appeal from a j udgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1902, modifying a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The assignments containing the agreements of the defendants Decker and Moore, although spoken of as guaranties, are not guaranties strictly speaking.
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Appeal from a j udgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1902, modifying a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The assignments containing the agreements of the defendants Decker and Moore, although spoken of as guaranties, are not guaranties strictly speaking. They are agreements providing for the collection of the notes and mortgages out of the mortgaged premises in a particular…
1Opinion of the CourtO’Brien, J.
The plaintiffs, as the personal representatives of Maurice J. Smith, deceased, sought to recover against the defendants upon three negotiable promissory notes amounting in the aggregate to $2,000, executed at various times between the 24tli of May, 1887, and the 27th of April, 1888. These notes were all made by parties living in Kansas, the identity of whom the record does not disclose further than the- name. They were all made payable to the same payee, who indorsed them without recourse to the defendants or some of them. They were payable five years after date at'the Girard National Bank of…
2Cases cited1 opinion
- Smith v. . MollesonNew York Court of Appeals · 1896
3Cited by4 opinions
- People v. Stuyvesant InsuranceNew York Supreme Court · 1979
- Murphy v. HartAppellate Division of the Supreme Court of the State of New York · 1907
- Kupfer v. McConvilleNorth Dakota Supreme Court · 1921
- General Fibre Box Co. v. McManus, Longe, Brockwehl, Inc.Appellate Division of the Supreme Court of the State of New York · 1982