Clark v. . Howard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 6, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. This action was brought to recover $2,800 originally owing by Francis D. Iloyt to the plaintiff, which, she alleged, the defendants by an instrument in writing had agreed to pay. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 6, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. This action was brought to recover $2,800 originally owing by Francis D. Iloyt to the plaintiff, which, she alleged, the defendants by an instrument in writing had agreed to pay. The facts, so far as material, are stated in the opinion. The question whether a contract is original or collateral is not to be determined by the consideration merely of the words used therein.…
1Opinion of the CourtO’Brien, J.
This case depends upon the construction which should be given to the written contract upon which the plaintiff brought the action and recovered before the referee. The General Term has taken a different view with respect to the meaning and effect of the paper, and reversed the judgment.
There is no dispute with respect to the fact that Francis D. Hoyt was indebted to the plaintiff in the amount of the judgment. The question is whether the defendants have ever become bound to pay that debt. On the 21st of August. 1886, Hoyt was also indebted to the defendants, composing a mercantile firm…
2Cases cited12 opinions
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- Leonard v. VredenburghNew York Supreme Court · 1811
- Burr v. . BeersNew York Court of Appeals · 1861
- Garnsey v. . RogersNew York Court of Appeals · 1872
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