Kernochan v. . Murray
New York Court of Appeals
Appeal from judgment of the G eneral Term of the Supreme Court in the first judicial department, entered .upon an order made’January 13, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict.
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Appeal from judgment of the G eneral Term of the Supreme Court in the first judicial department, entered .upon an order made’January 13, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict. This action was brought originally by John A. Kemochan, the present plaintiffs intestate, against defendants, as executors of the will of Eichard M. De Mill, who, at the time of his decease, was the sole surviving member of the firm of De Mill & Co. In 1871 said firm sold to Kemochan forty shams of the stock of a corporation known as the Albemarle Swamp Land Company. At the time…
1Opinion of the CourtAndrews, J.
We think the judgment below proceeds upon a misconstruction of the contract of guaranty. The guaranty did not, in terms, purport to bind the executors or admimstrators of De Mill & Co. But it is a presumption of law, in the absence of express words, that the parties to a contract intend to bind not .only themselves, but their personal representatives. (1 Pars, on Con. 630, and cases cited; Co. on Lit. 209 a.) In case of a contract for the payment of money, or the sale or purchase of property, or of a covenant of warranty, it would be an unreasonable supposition that the parties intended that…
2Cases cited2 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Getty v. . BinsseNew York Court of Appeals · 1872
3Cited by42 opinions
- Amend v. HurleyNew York Court of Appeals · 1944
- Matteson v. DentSupreme Court of the United States · 1900
- Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Barnes v. KlugAppellate Division of the Supreme Court of the State of New York · 1908
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