Home Bank v. . Drumgoole
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 8, 1886, which affirmed a judgment entered upon an order dismissing the complaint and overruled plaintiff’s exceptions to the rulings of the trial court. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 8, 1886, which affirmed a judgment entered upon an order dismissing the complaint and overruled plaintiff’s exceptions to the rulings of the trial court. The nature of the action and the facts are sufficiently stated in the opinion. The defendant was liable absolutely at the maturity of the bill on his acceptance, irrespective of the condition of the work or contract between him and Guy & Amery. (Munger v. Shannon, 61 N. Y. 255 ; Schmittler v. Simon, 101 id. 554;…
1Opinion of the CourtEael, J.
Oil the 24th day of July, 1883, Guy & Amery, entered into a contract with defendant, the terms of which are contained in the following letter addressed by them to him:
“New York, July 24, 1883.
“ Father Drumgoolb :
Reverend Bvr.—We are prepared to make and put up complete the wire fence as described to us by Mr. Newman, being more or less, 450 ft. long by six feet high made of No. 6 wire 2 in. mesh in % groved iron frames, and furnish and set the required stone blocks 8"x8"xl8" for foundation and smaller stone blocks for the necessary stays, which stays shall be of iron. The railing to include 4…
2Cases cited1 opinion
- Risley v. . SmithNew York Court of Appeals · 1876
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