Buffalo Press Club v. Green
New York Supreme Court
Appeal from superior court of Buffalo. Action by Buffalo Press Club against James W. Green on a bond. There was a judgment in favor of defendant (26 N. Y. Supp. 525), and plaintiff appeals. The action was brought and tried in the superior court of Buffalo, but on appeal was certified and removed into the supreme court, under Code Civ. Proc. § 273.
1Opinion of the CourtBradley, J.
The action is upon an instrument under seal, executed by the defendant and others, by which they guarantied and became sureties severally, in limited amounts, for the payment of an indebtedness to the amount of $900 of Charles L. Lancaster to the plaintiff. The consideration expressed in the agreement was one dollar, and the forbearance of proceeding by civil action to collect from Lancaster for two years. The defendant alleges that the consideration was the promise of the plaintiff to delay and stifle the criminal prosecution before then instituted against Lancaster by indictment for grand…
2Cases cited4 opinions
- Barrett v. . WeberNew York Court of Appeals · 1890
- Conderman v. HicksNew York Supreme Court · 1870
- Conderman v. TrenchardNew York Supreme Court · 1870
- Buffalo Press Club v. GreeneSuperior Court of Buffalo · 1893
3Cited by2 opinions
- Doucet v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
- Wright v. BrockettNew York Supreme Court · 1991