J. P. Duffy Co. v. Todebush
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1913, which reversed a determination of the Appellate Term modifying and affirming as nfodified a judgment of the City Court of the city of New York in favor of plaintiff entered upon a verdict directed by the court and directed a dismissal of the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1913, which reversed a determination of the Appellate Term modifying and affirming as nfodified a judgment of the City Court of the city of New York in favor of plaintiff entered upon a verdict directed by the court and directed a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The guaranty covers deliveries to A. W. Todebush Company at the job named therein. (Gates v. McKee, 13 N. Y. 231;…
1Opinion of the CourtPound, J.
A. W. Todebush Company, a corporation, contracted with plaintiff for building materials to be delivered at buildings owned by it. Plaintiff refused to deliver except for cash or a guaranty of payment. Defendant thereupon signed and delivered the following:
“June 7,1911.
“ J . P. Duffy Company,
“ 51st Street & Second Avenue, Brooklyn, N. Y.:
“ Gentlemen.—Your firm having taken an order from A. W. Todebush & Co. for the delivery of brick, lime, plaster, etc., to their buildings on the west side 6th Ave., between 73rd and 74th Streets, I hereby agree to be responsible for the payment of your bills…
2Cases cited3 opinions
- Grant v. NaylorSupreme Court of the United States · 1808
- J. P. Duffy Co. v. TodebushAppellate Division of the Supreme Court of the State of New York · 1913
- J. P. Duffy Co. v. TodebushAppellate Terms of the Supreme Court of New York · 1912
3Cited by3 opinions
- Seattle-First National Bank v. HawkCourt of Appeals of Washington · 1977
- J. P. Duffy Co. v. TodebushAppellate Division of the Supreme Court of the State of New York · 1916
- Meyer v. KahnweilerAppellate Division of the Supreme Court of the State of New York · 1917