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.
1ConcurrenceWard, J.
(concurring).—The plaintiffs were coal dealers in the city of Buffalo in the year 1894, and Harwood & Irish were a firm engaged in the same business at the village of Skaneateles, N. Y. This latter firm desired to obtain credit with the plaintiffs in the purchase of coal, and for the purpose of creating such credit the defendant executed and delivered to the plaintiffs the following instrument in writing:
“Skaneateles, N. Y., Jan. 25, 1894.. “For a valuable consideration, I hereby guaranty to O. N. Shipman & Co. the payment for all bills for coal shipped to' said Harwood & Irish, at…
2Cases cited12 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Putnam v. LewisNew York Supreme Court · 1811
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
- Hale v. ParmleyTennessee Supreme Court · 1850
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