Dougan v. Evansville & Terre Haute Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Evansville and Terre Haute Railroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of December, 1896, upon the decision of the court rendered after a trial at the New York Special Term overruling its demurrer to the complaint.
1Opinion of the Court
Ingraham, J.;
The complaint alleges two causes of action, the first, to recover the amount due upon certain bonds of the Evansville and Richmond Railroad Company, designated as first mortgage bonds on western division, Elnora to Columbus; and the second, to recover the amount due upon certain bonds of the said corporation designated as first general mortgage bonds. The liability of the defendant is based upon what is designated in the complaint as a written or printed guaranty, which, it is alleged, was placed upon each of the bonds mentioned, the form of the guaranty upon the bonds described…
2Cases cited1 opinion
- Merchants' National Bank v. ClarkNew York Court of Appeals · 1893
3Cited by6 opinions
- S.F. T. Seminary v. Monterey County G. & E. Co.California Supreme Court · 1918
- Brinsmade v. JohnsonMissouri Court of Appeals · 1915
- Clokey v. Evansville & Terre Haute RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Feucht v. KellerCourt of Appeals for the D.C. Circuit · 1939
- Clokey v. Evansville & T. H. RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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