Fulton Grain & Milling Co. v. Anglim
Appellate Division of the Supreme Court of the State of New York
. Appeal .by the defendant, John Anglim, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 26th day of April, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of April, 1898, denying the defendant’s motion for a new trial made upon the minutes. " •
1Opinion of the Court
Cullen, J.:
This action is brought upon a guaranty of payment, executed by the defendant to the plaintiff, upon an executory agreement for the sale by the plaintiff to the firm of Anglim Brothers of 25,000 bushels of oats. The agreement provided that the oats were for' the use of and to be sold only to the Brooklyn fire department. Anglim Brothers agreed to pay for the oats monthly, as delivered, and to apply all moneys received from the Brooklyn fire department to such payment, and that at any time, on demand, they would, execute to the plaintiff assignments for any claim they might have *165again…
2Cases cited2 opinions
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Farrington v. Frankfort BankNew York Supreme Court · 1857
3Cited by2 opinions
- Morris v. Columbia National Bank of ChicagoDistrict Court, N.D. Illinois · 1987
- Fulton Grain & Milling Co. v. AnglimAppellate Division of the Supreme Court of the State of New York · 1899