Hard v. . Mingle
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 5,1911, upon an order reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury, and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 5,1911, upon an order reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury, and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The fundamental and essential requisite to the right of contribution is that the party seeking contribution has discharged some debt or obligation which the one from whom he seeks contribution…
1Opinion of the CourtHaight, J.
On the 20th day of July, 1899, the plaintiff, George M. Hard, one Edward Thompson, and the decedent’s testator, Sampson Q. Mingle, executed and delivered to the Chatham National Bank the following instrument: “ Eor value received and for the purpose of giving the Realty Corporation of North America credit at the Chatham National Bank of New York, we hereby jointly and severally guarantee the payment at maturity of all checks, drafts and promissory notes upon which said Realty Corporation of North America is now or hereafter shall be liable, to said bank, as maker, endorser, drawer or…
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