Clokey v. Evansville & T. H. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Hew York county. Action by John T. Glokey against the Evansville & Terre Haute Railroad Company on a guaranty. Prom an interlocutory judgment overruling a demurrer to the complaint, defendant appeals. Reversed.
1Opinion of the CourtIngraham, J.
The obligation of the defendant sought to be enforced in this action is alleged to be its guaranty, as follows: “The Evansville and Terre Haute Railroad ‘Company hereby guaranties to the holder of the within bond the punctual payment of the principal and interest thereof when and as the same shall become due and payable.” The bonds upon which this indorsement was placed *632are alleged to be bonds of a corporation known as the “Evansville & Richmond Railroad Company”; and it is alleged that the plaintiff is the owner and holder of 55 coupons of $25 each, and that the said Evansville & Richmond…
2Cases cited2 opinions
- Bailey v. . County of BuchananNew York Court of Appeals · 1889
- Dougan v. Evansville & Terre Haute RailroadAppellate Division of the Supreme Court of the State of New York · 1897