Howe Machine Company v. . Farrington
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Mem. of decision below, 16 Hun, 591.) This action was upon a bond executed by defendant, as surety for one Davis, the condition of which and the material facts are set forth substantially in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Mem. of decision below, 16 Hun, 591.) This action was upon a bond executed by defendant, as surety for one Davis, the condition of which and the material facts are set forth substantially in the opinion. Plaintiff having concealed from defendant the fact that his principal was in default when the bond was executed, is not entitled to recover. (Montague v. Titcome; 2 Vern. 518; Smith v. Bank of Scotland, 10 Cl. &…
1Opinion of the CourtAndrews, J.
The bond executed by Davis and the defendant was to secure the payment by Davis of his indebtedness or liability to the.Howe Machine Company, existing at the date of the bond, or which might thereafter be incurred by him, on account (among other things) of his failure to deliver or account for merchandise or property consigned to him by the obligee. •The bond is dated December 21,1874. Davis, in 1872,"was appointed plaintiff’s agent for the sale of the Howe Sewing Machine on commission, in Holland and Sardinia in Erie county. His authority was defined in a written agreement, executed by both…
2Cases cited10 opinions
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- Casoni v. . JeromeNew York Court of Appeals · 1874
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
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