Claflin v. . Ostrom
New York Court of Appeals
■ Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiffs entered upon the report of a referee. This action was brought to recover the amount of a debt due the plaintiffs from the firm of S. C. Hanford & Co. The facts appear sufficiently in the opinion. Defendant’s agreement “ that he would guarantee the debts,” not being in writing, was void.
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■ Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiffs entered upon the report of a referee. This action was brought to recover the amount of a debt due the plaintiffs from the firm of S. C. Hanford & Co. The facts appear sufficiently in the opinion. Defendant’s agreement “ that he would guarantee the debts,” not being in writing, was void. (Mallory v. Gillett, 21 N. Y., 412, and" cases cited; Brown v. Webster, 38 id., 187.) The release of the levy did not validate it: (Duffy v. Wunsch, 42 N. Y., 243.)…
1Opinion of the Court
Earl, C.
Prior to the 13th day of March, 1867, Thomas C. Hanford and Charles Ostrom were partners under the firm name of T. C. Hanford & Co., and they owed the plaintiffs upward of $1,200.
On that day they entered into a written agreement for a dissolution of the firm. Hanford assigned all his interest in the firm property to his partner, Ostrom, and the latter agreed to pay the firm debts mentioned in the agreement; and among those mentioned was the debt of the plaintiffs. The defendant, at the same time and upon the same paper, executed a written guaranty to the said Hanford, that Charles…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Bates v. . RosekransNew York Court of Appeals · 1867
3Cited by23 opinions
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- Banker's Trust Co. v. SteenburnNew York Supreme Court · 1978
- State Ex Rel. Greene County v. National BankSupreme Court of North Carolina · 1927
- Tidioute Savings Bank v. LibbeyWisconsin Supreme Court · 1898
- Arnold v. . NicholsNew York Court of Appeals · 1876
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