Simson v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an action upon a guaranty executed by defendant of the payment of a bond.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an action upon a guaranty executed by defendant of the payment of a bond. The facts as found by the court were substantially as follows: On the 13th day of March, 1869, one William Boyd, executed and delivered to one W. John Macdonald, a bond and mortgage to secure the payment of $500 and interest. On the 28th day of April, 1869, Macdonald, duly assigned and delivered said bond and…
1Opinion of the CourtFolger, J.
It is sought by the plaintiff to bring his case
within the rule that where one, for a valid consideration, makes a promise to another, for the benefit of a third, the third person may maintain an action thereon in his own name and for his own use; (Schermerhorn v. Van Derheyden, 1 J. R., 140; Lawrence v. Fox, 20 N. Y., 268; Burr v. Beers, 24 N. Y., 178.)
We are not able to find in the oral testimony that which shows a state of facts to which this rule may apply, nor, as will afterwards appear, does the documentary- testimony establish such a state of -facts. Hor is there any finding which in…
2Cases cited8 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Burr v. . BeersNew York Court of Appeals · 1861
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Kelly v. . RobertsNew York Court of Appeals · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- House v. Houston Waterworks CompanyTexas Supreme Court · 1895
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
76 more not listed; retrieve them via the Exa API.