Catskill National Bank v. Dumary
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 20, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.' The defendant Dumary, under the terms of his contract of guaranty, is not liable to the plaintiff Catskill National Bank upon the note here in suit.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 20, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.' The defendant Dumary, under the terms of his contract of guaranty, is not liable to the plaintiff Catskill National Bank upon the note here in suit. (Coleman v. Beach, 97 N. Y. 545; Griffiths v. Hardenbergh, 41 N. Y. 464; Bank of Montreal v. Recknagel, 109 N. Y. 482; H. C. &…
1Opinion of the CourtCollin, J.
The plaintiff recovered a judgment against the defendant upon his guaranty of full performance by the Albany Contracting Company, a corporation, of all the obligations of a contract of June 15, 1901, between that company and the Eastern Paving Brick Company, a corporation. Pursuant to the provisions of the contract a promissory note dated November 3, 1901, for $2,000, payable three months after date to the order of the Brick Company, with interest, was made by the Contracting Company, delivered to and indorsed by the Brick Company, and on November 4,1901, delivered to and accepted by the…
2Cases cited17 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Curtis v. TylerNew York Court of Chancery · 1842
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
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3Cited by34 opinions
- Davenport v. StrattonCalifornia Supreme Court · 1944
- American Trading Co. v. FishNew York Court of Appeals · 1977
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- Components Direct, Inc. v. European American Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Read v. Lehigh Valley Railroad Co.New York Court of Appeals · 1940
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