William H. Henry & Co. v. Fry
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, fourth district, entered in favor of the plaintiff.
1Opinion of the CourtSeabury, J.
Several questions are urged upon this appeal, but the determination of one of them is decisive, not only of the appeal but of the action itself. The plaintiff sues upon a written agreement of guaranty, wherein the defendants agreed that, if the plaintiff would loan one Shea sixty dollars, they would pay the full amount of any judgment recovered against Shea for this debt. The only oral evidence in this case was given by Shea, who was called by the plaintiff and cross-examined by the defendants. If, for the purpose of this appeal, we adopt the view most favorable *131to the respondent and assume…
2Cases cited2 opinions
- Rosa v. . ButterfieldNew York Court of Appeals · 1865
- Morrell v. NearNew York Supreme Court · 1823
3Cited by1 opinion
- William H. Henry & Co. v. FreyAppellate Division of the Supreme Court of the State of New York · 1912