Wanamaker v. Powers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas J. Powers, Jr., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 30th day of June, 1904, upon the report of a referee.
1Opinion of the Court
Judgment affirmed, with costs, upon the opinion of Hon. Abraham R. Lawrence, referee.
Bartlett, Woodward, Jenks, Rich and Miller, JJ., concurred.
The following is the opinion of the referee:
Lawrence, Referee :
It is admitted that the balance now due the plaintiff from Dye is the sum of $357.31. It, therefore, follows that if the payments made by Dye to the plaintiff since the execution of the guaranty were properly applied by the plaintiff to the payment of the amount due on the 21st day of September, 1901, the date of the execution of the guaranty, the plaintiff would be entitled to judgment…
2Cases cited9 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Morgan v. . SmithNew York Court of Appeals · 1877
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Bank of California v. . WebbNew York Court of Appeals · 1884
- McKecknie v. . WardNew York Court of Appeals · 1874
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3Cited by14 opinions
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- Galyn v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1980
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