Page v. . Krekey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 26, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a guaranty set forth in the opinion, which also states the facts, so far as material. The exception to the guaranty being received in evidence, was well taken.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 26, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a guaranty set forth in the opinion, which also states the facts, so far as material. The exception to the guaranty being received in evidence, was well taken. (Ellis v. McCormick, 1 Hilt. 313; Selden v. Myers, 20 How. [U. S.] 506; Trambly v. Ricard, 130 Mass. 261.) The motion to dismiss was based upon…
1Opinion of the CourtO’Brien, J.
The judgment from which this appeal is taken was recovered upon a guaranty, signed by the defendant and sent to the plaintiff, a resident of Vermont, by mail. The plaintiff had business transactions with one Bernard Thinnes prior to the guaranty. The latter was a tanner in Brooklyn, and the plaintiff, a dealer in green calf skins, had shipped to him skins at various times to tan and, unless he elected to buy them at a certain price, then to return them, so tanned, to the plaintiff, or deliver them according to his order. The following is the instrument upon which the action was brought:
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2Cases cited4 opinions
- Chapman v. . RoseNew York Court of Appeals · 1874
- McWilliams v. . MasonNew York Court of Appeals · 1865
- Whitney v. SnyderNew York Supreme Court · 1870
- Henderson v. MarvinNew York Supreme Court · 1859
3Cited by70 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Marden v. . DorthyNew York Court of Appeals · 1899
- Becker v. FaberNew York Court of Appeals · 1939
- White Rose Food v. SalehNew York Court of Appeals · 2003
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
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