Franklin Bank Note Co. v. . MacKey
New York Court of Appeals
Appeal from .an order of the late General Term of the Supreme Court in the first judicial department, entered January 26, 1895, sustaining the plaintiff’s exceptions and ordering a new trial in a case where a verdict was directed for the defendant, and the exceptions were ordered to be heard in the first instance at General Term. The facts appear in the opinion.
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Appeal from .an order of the late General Term of the Supreme Court in the first judicial department, entered January 26, 1895, sustaining the plaintiff’s exceptions and ordering a new trial in a case where a verdict was directed for the defendant, and the exceptions were ordered to be heard in the first instance at General Term. The facts appear in the opinion. Under the terms of the guaranty defendant was not liable until the printed matter was delivered by plaintiff: to the principal debtor, and plaintiff’s whole theory of recovery against the guarantor for the reasonable value of the…
1Opinion of the CourtVann, J.
The plaintiff alleged in its complaint that in May, 1887, it contracted with the Pittsburg & Northeastern Railway Company to furnish certain bonds, coupons and certificates of stock for the sum of $2,500.00, which the company promised to pay the plaintiff, and the defendant guaranteed in writing that the company would pay the same; that the plaintiff entered upon the execution of the contract, prepared models, engraved and printed certain bonds, engraved certain stock certificates and submitted proofs of portions of said bonds and certificates to the railroad company, but that neither the…
2Cases cited4 opinions
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Distin v. . RoseNew York Court of Appeals · 1877
- Jacobs v. MarshallThe Superior Court of New York City · 1857
3Cited by2 opinions
- McConnell v. HellwigAppellate Division of the Supreme Court of the State of New York · 1920
- Lippincot v. East River Mill & Lumber Co.City of New York Municipal Court · 1913