Barnes v. . Cushing
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1900, upon an order reversing a judgment in favor of plaintiff entered upon the report of a referee and dismissing the complaint. 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 April 12, 1900, upon an order reversing a judgment in favor of plaintiff entered upon the report of a referee and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The execution of the contract of 1881 and the delivery and acceptance of the bond of that year did not, jointly or severally, absolve the guarantors on the bond of 1880. (People v. Cushing, 36 Hun, 484; People v. Lee, 104 N. Y. 441; United States v. Hoyt, 1…
1Opinion of the CourtBartlett, J.
The plaintiffs, as executors under the will of Joseph C. Barnes, deceased, seek to compel contribution by the defendant and others as co-sureties with testator on a certain bond. The case as finally submitted to the learned referee was upon the sole issue as to the liability of defendant Cushing.
The First National Bank of Buffalo for several years prieto and including 1880 had been annually designa^id by the canal board as one of the depositaries of canal moneys or tolls at the city of Buffalo, and duly received a portion of such moneys, annually giving a bond to the people of the state of…
2Cases cited2 opinions
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
- People v. . LeeNew York Court of Appeals · 1887
3Cited by11 opinions
- First National Bank v. . StoryNew York Court of Appeals · 1911
- Yawger v. . American Surety Co.New York Court of Appeals · 1914
- Warner v. First National Bank of WacoCourt of Appeals of Texas · 1963
- Board of Commissioners v. Massachusetts Bonding & InsuranceSupreme Court of Georgia · 1932
- First National Bank of Waterloo v. StoryAppellate Division of the Supreme Court of the State of New York · 1909
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