Henderson v. Marvin
New York Supreme Court
Appeal from judgment entered on the report of referee. The plaintiffs (successors of Henderson, Kennedy & Kneeland, iron merchants, &c., Albany) instituted this action to recover of defendant, as surety (on contract made November 22, 1855), to pay not exceeding $500, which should be unpaid on January 1, 1857, of goods sold his principals on a credit of six. months; but which credit was, by consent of one of the principals, after the sale, extended beyond the six months, on…
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Appeal from judgment entered on the report of referee. The plaintiffs (successors of Henderson, Kennedy & Kneeland, iron merchants, &c., Albany) instituted this action to recover of defendant, as surety (on contract made November 22, 1855), to pay not exceeding $500, which should be unpaid on January 1, 1857, of goods sold his principals on a credit of six. months; but which credit was, by consent of one of the principals, after the sale, extended beyond the six months, on part of the goods, by accepting two notes, one of which was at seven months; and subsequently, the entire credit was, by…
1Opinion of the Court
By the Court.*—Gould, J.
In this appeal from a judgment entered on the report of a referee, I do not perceive that there is any controversy about the facts. The defendant agreed to guarantee to plaintiffs and their assignees, the amount of their claims-against a third party for goods, that prior to January 1,1857,they might sell to such third party, on a credit of six months. The guaranty not to cover a sum greater than $500. Certain goods were sold, on the credit agreed, enough to bring the defendant’s liability up to his guaranty of $500. But (as the referee finds, and there is no dispute)…
2Cited by4 opinions
- Page v. . KrekeyNew York Court of Appeals · 1893
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
- Gansevoort Bank v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908