Legal Opinion
Birch v. De Rivera
New York Supreme Court
Decided July 9, 1889PublishedCited by 12 opinions
Motion for new trial on exceptions. Action by John W. Birch and another, doing business in London as Mildred, Goyenneche & Co., against Jose de Rivera, as guarantor of J. de Rivera & Co., upon his guaranty to them for £5,000. From an order denying a motion for a new trial on exceptions defendant appeals.
1Opinion of the CourtBarrett, J.
This is an action upon a guaranty, which reads as follows:
“Heidelberg, Germany, 28 October, 1874.
“Messrs. Mildred, Goyenneche & Co., London—Gentlemen: The house ■of J. de Rivera & Co., of Hew York, have informed me of your suggestion that I might guaranty to you an open credit of (5,000 pounds) in addition ■to the (£5,000) that they already enjoy from you in the shape of an open .credit. I am so well satisfied with the manner in which the said house is working that I have still left in their hands not only the one hundred and odd ■thousand dollars that I left with them when I withdrew from…
2Cases cited1 opinion
- City Nat'l Bk. of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1884
3Cited by12 opinions
- Richardson v. . County of SteubenNew York Court of Appeals · 1919
- Standard Oil Co. v. ArnestadNorth Dakota Supreme Court · 1896
- Spokane Union Stockyards Co. v. Maryland Casualty Co.Washington Supreme Court · 1919
- Hamilton Trust Co. v. ShevlinAppellate Division of the Supreme Court of the State of New York · 1913
- Hunt Oil Company v. KillionCourt of Appeals of Texas · 1957
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