National Bank v. Burkhardt
Supreme Court of the United States
Error to the Circuit Court of the United States for the Southern District of Ohio. The facts are stated in the opinion of the court.
1Opinion of the CourtJustice Swayne
Ón the 23d of February, 1875, Burkhardt, the defendant in error, executed, for the benefit of John Cinnamon, an instrument to the bank whereby he stipulated “ to guarantee -and make good to said bank any sum or sums which may hereafter be held against the said John Cinnamon, to an amount not exceeding $50,000,” and notice “ from time to time of the amount and extent of such indebtedness ” was waived.
As originally drawn, the guaranty included Cinnamon’s existing as well as his future liabilities. Burkhardt refused to sign it, unless what related to the former was stricken out.
This was done by…
2Cases cited6 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Thompson v. RiggsSupreme Court of the United States · 1867
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- Bliven v. New England Screw Company.Supreme Court of the United States · 1860
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3Cited by123 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- American Nat. Bank of Nashville v. MillerSupreme Court of the United States · 1913
- Utah Construction Co. v. Western Pacific Railway Co.California Supreme Court · 1916
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
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