Shipman v. Kelley
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Erie County. Action by Chaunoey N. Shipman and others against Thomas Kelley. The complaint was dismissed (38 FT. Y. Supp. 597), and plaintiffs appeal.
1ConcurrenceGreeh, J.
(concurring).-—The guaranty is dated January 25, 1894:
“ I hereby guaranty * * * the payment for all bills for coal shipped to * * * . to the amount of $1,500 per month.
The understanding between all the parties is that at no time shall there be standing more than three months’ shipment of coal.”
At different times between April 13 and May 15,1894, plaintiffs, sold and delivered to Harwood & Irish coal to the amount of $970.74, which was the last monthly balance of coal sold and delivered to them, and no further shipments of coal were ever made. On June 23, 1894, notes of different amounts were…
2Cases cited23 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Cary v. . WhiteNew York Court of Appeals · 1873
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Hubbard v. . GurneyNew York Court of Appeals · 1876
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