W. H. McElwain Co. v. Primavera
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, W. H. McElwain Company, from a judgment of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of April, 1917, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District.
1Concurrence
Smith, J. (concurring):
Defendant gave to Morse & Rogers, a corporation, a continuing guaranty that one Henry would pay for any goods *295purchased by him of said corporation from and after the date of the guaranty. Subsequently, Morse & Rogers merged into and became a part of the plaintiff corporation, which thereafter, on the faith of this guaranty, sold goods to the said Henry, for which he failed to pay, and to recover for which the action is brought. Judgment was given in behalf of the defendant and unanimously affirmed by the Appellate Term. This appeal is from the order of affirmance.
The…
2Cases cited4 opinions
- In Re Proving the Will of BergdorfNew York Court of Appeals · 1912
- Bennett v. . DraperNew York Court of Appeals · 1893
- In re Proving the Last Will & Testament of BergdorfAppellate Division of the Supreme Court of the State of New York · 1912
- Miller v. LancasterTennessee Supreme Court · 1868