American Copper Co. v. Lowther
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George Lowther and others,, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the'county of New York on the 30th day of December, 1898, upon the verdict of a jury, rendered by direction of the ■court after a trial at the New York Trial Term, as adjudges that the plaintiff recover of such defendants.
1Opinion of the Court
Rumsey, J. :
■ On the 26th. day of November, 1894, the Fairfield Copper Company delivered to the plaintiff its bond in the penal sum of $26,250, conditioned for the payment by it to the plaintiff of $25,000 on or before January 1, 1896. The defendants, by an instrument under seal delivered at the same time, agreed to pay to plaintiff all ■damages it might sustain by reason of the failure of the obligor in the bond to pay it. The bond was not paid, and plaintiff has sued the guarantors, and recovered a judgment against them for the amount of the bond and interest, and the defendants appeal.
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2Cited by2 opinions
- Fuller v. StrausAppellate Division of the Supreme Court of the State of New York · 1899
- Guardian Trust Co. v. PeabodyAppellate Division of the Supreme Court of the State of New York · 1907