Fox v. Parker
New York Supreme Court
PPEAL from a judgment in favor of the plaintiff, rendered upon the report of a referee. The action was upon a guaranty made hy the defendants to the plaintiff, on the 8th of February, 1861, by which they agreed to be liable in a sum not exceeding $1000 that one E. M. Parker, of the city of New York, should account to the plaintiff for the proceeds of paper sent him by the plaintiff, within one year, to be sold on commission.
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PPEAL from a judgment in favor of the plaintiff, rendered upon the report of a referee. The action was upon a guaranty made hy the defendants to the plaintiff, on the 8th of February, 1861, by which they agreed to be liable in a sum not exceeding $1000 that one E. M. Parker, of the city of New York, should account to the plaintiff for the proceeds of paper sent him by the plaintiff, within one year, to be sold on commission. The plaintiff claimed to recover a balance of over $900, alleged to be due from E. M. Parker to him, on account of paper sold, and the defendants to be discharged from…
1Opinion of the Court
By the Court, Miller, J.
By the terms of the contract upon which this action is brought, the defendants agreed that one E. M. Parker should well and faithfully account to the plaintiff for the proceeds of all paper sold and delivered to him by the plaintiff within one year, to be sold on commis*543sion, and that they would he liable to the extent of a balance of one thousand dollars. Ho time was agreed upon, within which Parker was to pay over the moneys, and the evidence shows that notes were given by Parker, at various times, and for different amounts, without reference to the quantity of paper…
2Cases cited3 opinions
- Miller v. McCanNew York Court of Chancery · 1839
- Taylor v. AllenNew York Supreme Court · 1862
- Wadsworth v. . AllcottNew York Court of Appeals · 1851
3Cited by9 opinions
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Merchants' National Bank of Whitehall v. HallNew York Court of Appeals · 1881
- American Lead Pencil Co. v. F. A. Wolfe & Co.Supreme Court of Florida · 1892
- Bank of United States v. Chemical Bank & Trust Co.New York Supreme Court · 1930
- Lowman v. . YatesNew York Court of Appeals · 1868
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