Kohler v. . Matlage
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was upon a bond executed by defendant Chapman as principal, and the other defendants as sureties, conditioned as follows: “ That if the above-bounden William Henry Chapman, his heirs, executors, or administrators shall well and truly pay, or cause to be paid, unto the proper parties, the balance of the debts of the concern for manufacturing a variety of bread known as ‘ Kohler’s Cream…
1Opinion of the Court
Church, Ch. J.
The plaintiff’s testator and one Chapman had been copartners in manufacturing bread in the city of New York. The plaintiff, after the death of her testator, sold to Chapman her interest in the property and business* of the firm for the sum of $3,000, the latter agreeing to pay all the debts of the firm, and certain rents and taxes, and to give a “ purchase-money ” chattel mortgage to secure the purchase-money, and also the payment of the debts, rents, etc., and also a bond with approved sureties to secure the payment of the debts, rents, etc.
The action is upon the bond executed…
2Cases cited4 opinions
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Churchill v. HuntNew York Supreme Court · 1846
- Gilbert v. . WimanNew York Court of Appeals · 1848
- Richter v. . PoppenhausenNew York Court of Appeals · 1870
3Cited by22 opinions
- Lewis v. . DuaneNew York Court of Appeals · 1894
- Stuart v. CarterWest Virginia Supreme Court · 1916
- Barth v. GrafWisconsin Supreme Court · 1898
- Oriental Lumber Co. v. Blades Lumber Co.Supreme Court of Virginia · 1905
- Hilliard v. . NewberrySupreme Court of North Carolina · 1910
17 more not listed; retrieve them via the Exa API.