Erie County Savings Bank v. . Coit
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made June 8,1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a guaranty executed by the original defendants indorsed upon a bond executed by the First National Bank of Buffalo. The substance of the bond and guaranty and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made June 8,1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a guaranty executed by the original defendants indorsed upon a bond executed by the First National Bank of Buffalo. The substance of the bond and guaranty and the material facts are stated in the opinion. The defendants are not liable upon the contract of guaranty which is the subject of this action. Its execution, etc., by them being without any consideration.…
1Opinion of the CourtAndrews, J.
The questions involved in this case have been carefully considered in the opinions pronounced at the General Term, and we shall content ourselves with a brief statement of our conclusions on the main propositions upon which the appellants rely for a reversal of the judgment.
First. It is insisted that there was no consideration to uphold the contract of guaranty. The bond and guaranty were executed concurrently. The principal obligation recites that it was executed by the First National Bank of Buffalo in consideration of deposits made, or which might be made with said bank by the plaintiff,…
2Cases cited2 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- McNaught v. . McClaughryNew York Court of Appeals · 1870
3Cited by16 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Walter E. Heller & Company v. CoxDistrict Court, S.D. New York · 1972
- Brigham v. McCabeNew York Court of Appeals · 1967
- First National Bank v. LamontNorth Dakota Supreme Court · 1896
- Jonas & Naumburg Corp. v. MichlinAppellate Division of the Supreme Court of the State of New York · 1927
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