Shipman v. Niles
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nathaniel Niles,'from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day.of April, 1902, upon the decision of the court rendered upon the" pleadings after a trial at the New York Trial Term, a jury having been waived.
1Opinion of the Court
O’Brien, J.:
There having been a judgment ordered for the plaintiff upon the pleadings, the questions presented arise exactly ás they would had the plaintiff interposed a demurrer to the defendant’s answer; and it remains, therefore, to determine whether any defense was pleaded.
The action is brought to recover upon an agreement of guaranty executed by the defendant on August 16, 1892, in favor of the plaintiff herein and Henry Shipman, since deceased, trustees under the will of Caleb H. Shipman. It appears that George Moore, for the purpose of procuring a loan, had made and executed on August'…
2Cases cited3 opinions
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- McKernan v. . RobinsonNew York Court of Appeals · 1881
- United States Life Insurance v. PoillonNew York Supreme Court · 1889
3Cited by3 opinions
- Savings & Loan Ass'n v. BerberichAppellate Division of the Supreme Court of the State of New York · 1965
- Kamerman v. C. D. C. Furniture Manufacturing Corp.New York Supreme Court · 1956
- Jad Realty Corp. v. Marathon Steam Laundry Co.Appellate Division of the Supreme Court of the State of New York · 1930