Legal Opinion

Union National Bank v. Leary

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 3 opinions

Appeal by the defendant, Mary C. Leary, as administratrix, etc., of James D. Leary, deceased, from a judgment of the Supreme ' Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of May, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.

1Opinion of the Court

Hatch, J.:

When this case was before us upon the former appeal (77 App. Div. 332) we held that under the Statute of Frauds a consideration supporting the contract of guaranty was required to be expressed in the instrument; or be fairly inferable therefrom; that in arriving at a correct construction of the contract all of the facts and circum- ’ stances attendant upon its delivery, the reasons thereof and the purpose sought to be accomplished could be shown. And, applying such rule to the facts as they then appeared, we reached the conclusion that the instrument of guaranty fairly gave rise to…

2Cases cited1 opinion

  1. Union National Bank v. LearyAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by3 opinions

  1. Wittke v. Horne's Enterprises, Inc.Court of Appeals of Georgia · 1968
  2. Quaker Oats Co. v. NorthAppellate Terms of the Supreme Court of New York · 1917
  3. Wittke v. Horne's Enterprises, Inc.Court of Appeals of Georgia · 1968

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