McLaughlin v. McGovern
New York Supreme Court
THIS was an action upon a special contract of guaranty. The complaint alleges, that “ on the 20th day of December, 1854, by a lease of that date, the plaintiff leased and rented to Thomas Beynolds and Patrick Tague &c., his farm &c., and certain articles of personal property, for five years, at $200 per year, payable on or before the 15th day of November in each year.
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THIS was an action upon a special contract of guaranty. The complaint alleges, that “ on the 20th day of December, 1854, by a lease of that date, the plaintiff leased and rented to Thomas Beynolds and Patrick Tague &c., his farm &c., and certain articles of personal property, for five years, at $200 per year, payable on or before the 15th day of November in each year. That Beynolds and Tague by said lease promised to pay the plaintiff, for the use of said farm &c., the said sum of $200, on or before the 15th of November in each year. That Beynolds and Tague took possession &c., and entered…
1Opinion of the Court
By the Court, Bacon, P. J.
I am inclined to think.that the learned referee erred in his conclusions of law that the guaranty of the defendant, upon which the recovery was sought in this case, was not a legal and binding obligation upon him. This conclusion evidently proceeds from the fact, as found, that one of the lessees did not execute the lease, although it was abundantly proved that both occupied the farm, and had possession of all the personal property mentioned in the lease, for the entire term covered by the lease. The instrument signed by the defendant is an undertaking that the…
2Cited by7 opinions
- Backus v. FeeksWashington Supreme Court · 1913
- Alleman v. WheelerIndiana Supreme Court · 1885
- Fellows v. KreutzMissouri Court of Appeals · 1915
- Otto v. JacksonIllinois Supreme Court · 1864
- Sedalia, Warsaw & Southern Railway Co. v. SmithMissouri Court of Appeals · 1887
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