City Nat'l Bank of Poughkeepsie v. . Phelps
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14,1880, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14,1880, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. This action was originally brought against William Phelps and Martin E. Kingman, who were formerly partners, doing business under the firm name of Phelps & Kingman, upon a written instrument executed by that firm, of which the following is a copy. “New York, February 15, 1861. “ City Bank, Poughkeepsie, N. Y.: “We hold ourselves responsible for…
1Opinion of the Court
Folger, Ch. J.
The plaintiff was defeated at the circuit, and its complaint dismissed. Ho reasons therefor were stated at the trial, and we must see whether the defendant presents good reason therefor in his points in this court.
The point that the guaranty was void under the statute of frauds, as no't expressing a consideration, is not good. (Church v. Brown, 21 N. Y. 315, and cases there cited.) The point that it was not a continuing guaranty is not good. (Rindge v. Judson, 24 N. Y. 64, and cases there cited.) The point that the plaintiff cannot recover on the letter.from the defendant of…
2Cases cited7 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Rindge v. . JudsonNew York Court of Appeals · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
- Rachman Bag Company, a Partnership Composed of Plains Bag and Bagging Co., Inc., and Rachman Bag Co., Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1995
- Gay v. WardSupreme Court of Connecticut · 1895
- Cowan v. RobertsSupreme Court of North Carolina · 1904
- City Nat'l Bk. of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1884
19 more not listed; retrieve them via the Exa API.