People v. . Lee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the 4th Tuesday of January, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon two guaranties, given in 1880 and 1881 to the State, by the First National Bank of Buffalo, to secure deposits of canal tolls. The guarantees were alike, save in the name of sureties and dates.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the 4th Tuesday of January, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon two guaranties, given in 1880 and 1881 to the State, by the First National Bank of Buffalo, to secure deposits of canal tolls. The guarantees were alike, save in the name of sureties and dates. The defendants executed both. Each was also executed by one person, who did not sign the other. Of the body of the guaranty of 1881…
1Opinion of the Court
Ruger, Ch. J.
The First Rational Bank of Buffalo had, prior to 1882, for a series of years, been annually appointed, a depositary of the State, for canal tolls receivable in the city of Buffalo, and had annually executed and delivered to the State, contracts regulating the relations between them, the performance of which had been in each year guarantied on the part of the bank, by some of its directors, in their individual capacity.
Early in the season of 1882 said bank became insolvent after it had been appointed a depositary, but before it had completed and delivered to the State,…
2Cases cited3 opinions
- Rochester City Bank v. . ElwoodNew York Court of Appeals · 1860
- Burr v. American Spiral Spring Butt Co.New York Court of Appeals · 1880
- Church v. La Fayette Fire Insurance of BrooklynNew York Court of Appeals · 1876
3Cited by21 opinions
- National Bank of Commerce of Kansas City, Mo. v. RockefellerCourt of Appeals for the Eighth Circuit · 1909
- Powers v. . ClarkeNew York Court of Appeals · 1891
- Emerson-Brantingham Implement Co. v. RaugstadMontana Supreme Court · 1922
- Bank of United States v. Chemical Bank & Trust Co.New York Supreme Court · 1930
- Barnes v. . CushingNew York Court of Appeals · 1901
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