Evansville National Bank v. Kaufmann
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 25, 1881, which reversed a judgment in favor of defendants, entered upon a report of a referee.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 25, 1881, which reversed a judgment in favor of defendants, entered upon a report of a referee. (¡Reported below, 24 Hun, 612.) This action was brought to recover the amount of two,drafts drawn by Bingham Bros., of Evansville, Ind., on A. Feigelstock, of the city of New York, which were discounted by plaintiff at Evansville, and forwarded to New York for accept^ anee and payment by the drawee, by whom they were dishonored. Defendants were sought to be made liable under the following letter…
1Opinion of the Court
Ruger, Ch. J.
Guaranties are distinguished in the law as being either general or special. Special guaranties being those which operate in favor of the particular persons only to whom they are addressed, while general guaranties are open for acceptance by the public generally. They are sometimes further classified into those limited to a single transaction and those embracing continuous or successive dealings. (Gates v. McKee, 13 N. Y. 232; Church v. Brown, 21 id. 329.)
The liability of the defendants in this case depends upon the solution of the question to which of these classes the guaranty…
2Cases cited20 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Leonard v. VredenburghNew York Supreme Court · 1811
- Barns v. . BarrowNew York Court of Appeals · 1874
- Dobbin v. BradleyNew York Supreme Court · 1837
- Rogers v. KneelandNew York Supreme Court · 1833
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3Cited by82 opinions
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