Legal Opinion

Morgan v. . Smith

New York Court of Appeals

Decided September 25, 1877PublishedCited by 56 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming as to defendant Philemon H. Smith, and reversing as to defendant Andrew H. Smith, a judgment in favor of plaintiff entered upon a verdict. The appeal was by defendant, Philemon H. Smith, from so much of the judgment as affirmed as to him the judgment below.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming as to defendant Philemon H. Smith, and reversing as to defendant Andrew H. Smith, a judgment in favor of plaintiff entered upon a verdict. The appeal was by defendant, Philemon H. Smith, from so much of the judgment as affirmed as to him the judgment below. (Reported below,, 7 Hun, 244.) This action was brought against defendants as joint sureties for the performance by the lessees of the covenants of a lease executed by plaintiff as lessor. On the 20th day of February, 1869, the…

1Opinion of the CourtFolger, J.

The appellant makes in this court substantially but two points. One arises out of the fact that the contract of suretyship was joint on the part of the two defendants. It is claimed that if the plaintiff retains her judgment against the appellant, and fails to recover against the other defendant on the new trial which has been ordered, the appellant will lose his right of contribution from his co-defendant. It is not needed that we determine whether that is so. If he should retain his right to seek contribution, the most that he could recover would be any sum which he had paid more than a…

2Cases cited1 opinion

  1. De Zeng v. BaileyNew York Supreme Court · 1832

3Cited by56 opinions

  1. Calvo v. . DaviesNew York Court of Appeals · 1878
  2. Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
  3. United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
  4. Hard v. . MingleNew York Court of Appeals · 1912
  5. Spies v. . National City BankNew York Court of Appeals · 1903

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