United Surety Co. v. . Meenan
New York Court of Appeals
. Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1912, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. June 11th, 1909, the Gore-Meenan Company, of which Frank E. Gore was president, .and the defendant Daniel Meenan was secretary, together with the respondent, executed a bond to Benjamin B. Odell, Jr., and William E..
Read the full summary
. Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1912, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. June 11th, 1909, the Gore-Meenan Company, of which Frank E. Gore was president, .and the defendant Daniel Meenan was secretary, together with the respondent, executed a bond to Benjamin B. Odell, Jr., and William E.. Paine, as receivers of the Thomas McNally Company, in the sum of one hundred thousand dollars, which recited that the Gore-Meehan Company had entered into a…
1Opinion of the CourtHogan, J.
The sole .question to be determined on this appeal is the correctness of the rulings made by the trial justice in the exclusion of evidence offered on behalf of defendant to avoid liability upon the instrument in suit and to establish that the writing in question was the undertaking of the G-ore-Meenan Company, of which defendant was secretary, and was not the individual obligation of the defendant; that the plaintiff obligee in the bond understood that the instrument in suit was the undertaking of the corporation, not only from the face of the same but it had treated it as such by…
2Cases cited4 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Trustees of Canandarqua Academy v. McKechnieNew York Court of Appeals · 1882
- Quackenboss v. Globe & Rutgers Fire InsuranceNew York Court of Appeals · 1903
3Cited by3 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Rood v. McCannOhio Court of Appeals · 1957