Legal Opinion · Concurrence

Shipman v. Kelley

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896Published

Appeal by the plaintiffs,. Chauncey N. Shipman and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 2d day of April, 1896, upon the decision of the court, rendered after a trial before the court without a jury at the Erie Circuit, on the 23d day of September, 1895.

1Concurrence

Ward, J.:

The plaintiffs were coal dealers in the city of Buffalo in the year 1894, and Harwood & Irish were a firm engaged in the same business at the village of Skaneateles, N. Y. This latter firm desired to obtain credit with the plaintiffs in the purchase of coal, and for the purpose of creating such credit the defendant executed and delivered to the plaintiffs the following instrument in writing:

“ Skaneateles, N. Y., Jan. 25, 1894.
“For a valuable consideration, I hereby guarantee to O. N. Shiprnan & Co. the payment for all bills for coal shipped to said Harwood & Trish, at Skaneateles, N.…

2Cases cited10 opinions

  1. Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. Hubbard v. . GurneyNew York Court of Appeals · 1876
  3. Putnam v. LewisNew York Supreme Court · 1811
  4. Parmelee v. . ThompsonNew York Court of Appeals · 1871
  5. Ward v. . StahlNew York Court of Appeals · 1880

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