Ralph v. Eldredge
New York Supreme Court
Appeal from j udgment on report of referee. Action by Murray N. Ralph against Lorenzo D. Eldredge and George W. Seymour to recover on a bond executed by defendants. From a judgment dismissing his complaint, the plaintiff appeals.
1Opinion of the CourtLearned, P. J.
The plaintiff and defendant Eldredge had been copart-. ners. On the 25th of November, 1884, the firm dissolved; plaintiff sold to Eldredge the stock, and Eldredge conveyed to plaintiff his, interest in the notes, accounts, and demands owing the firm. At the same time, Eldredge executed to plaintiff a bond, with defendant Seymour as surety. The condition of the bond was that Eldredge should pay to plaintiff one-half of the' amount of notes, accounts, and claims of the late firm assigned by Eldredge to plaintiff “that shall prove to be uncollectible, if any such there be,” wiuh interest from…
2Cases cited2 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Northern Ins. Co. v. . WrightNew York Court of Appeals · 1879
3Cited by1 opinion
- Clark v. KelloggMichigan Supreme Court · 1893