Metropolitan Trust Co. v. Truax
Appellate Division of the Supreme Court of the State of New York
Appeal-by the defendant, Alice Hawley Truax, as administratrix, etc., 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 8th day of July, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of June, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The defendant is sued, as administratrix of the estate of Chauncey S. Truax, deceased, upon a guaranty agreement signed by the said Truax.
On March 1, 1906, one Charles E. Ertz was desirous of borrowing the sum of $4,000 from the plaintiff, and in consideration of such loan and as an inducement to make it the above-mentioned Chauncey S. Truax (and a number of others) executed an agreement of guaranty, a copy of which is annexed to the amended answer.
The agreement was a tripartite one whereby the lender (not therein specified) agreed to loan to said Ertz, designated as the borrower, “…
2Cases cited7 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Grant v. . SmithNew York Court of Appeals · 1871
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896
- Guardian Trust Company of New York v. . PeabodyNew York Court of Appeals · 1909
- Spicer v. RapleeAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- In re the Judicial Settlement of the Account of Proceedings of MandelbaumNew York Surrogate's Court · 1913
- Barnes v. CaryAppellate Division of the Supreme Court of the State of New York · 1923