Legal Opinion
General Phoenix Corp. v. Cabot
New York Court of Appeals
Decided December 2, 1949PublishedCited by 139 opinions
1Opinion of the CourtBromley, J.
Summary judgment was denied plaintiff on its claim under a contract of guaranty because it was thought that questions of fact were present relating to the effect of the guaranty agreement and the sale of collateral pledged thereunder. The Appellate Division affirmed the denial (two Justices dissenting) but allowed an appeal on certified questions which present for our review the claimed issues of fact. We hold the denial of summary judgment to be improper.
In March, 1947, defendant Cabot, the president, director and sole stockholder of a corporation known as Pluto Corporation, executed an…
2Cases cited13 opinions
- Jenkins v. MoyseNew York Court of Appeals · 1930
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
- Brainard v. New York Central RailroadNew York Court of Appeals · 1926
- Salvin v. . Myles Realty Co.New York Court of Appeals · 1919
8 more not listed; retrieve them via the Exa API.
3Cited by139 opinions
- Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
- Bethlehem Steel Co. v. Turner Construction Co.New York Court of Appeals · 1957
- Weissman v. Sinorm Deli, Inc.New York Court of Appeals · 1996
- Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A. v. Francisco Javier Herrera NavarroNew York Court of Appeals · 2015
- Chase Manhattan Bank, N. A. v. NatarelliNew York Supreme Court · 1977
134 more not listed; retrieve them via the Exa API.