O'Brien v. Donnelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter J. Donnelly, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 16th day of April, 1915, upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Smith, P. J.:
The defendant is a Catholic priest. He was interested in one Edward Argy. He desired Argy to open up a business of gentlemen’s furnishings. Not having the credit himself, he came to the plaintiff and asked the plaintiff to indorse Argy’s note in order to aid him to raise $1,500 to set him up in business. He promised to indemnify plaintiff if he would do so. In pursuance of that promise he executed a paper, of which the following isa copy:
“Palmer Falls, Apr. 1th, 1905.
“The undersigned, Rev. P. J. Donnelly,' promises to pay Dennis O’Brien, one year from above date the sum of…
2Cases cited1 opinion
- Jones v. . BaconNew York Court of Appeals · 1895
3Cited by2 opinions
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- Gilinsky v. KlionskyNew York Supreme Court · 1931