Legal Opinion

Barns v. . Barrow

New York Court of Appeals

Decided September 5, 1874PublishedCited by 47 opinions

Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered on the report of a referee. This action was upon a guaranty. On the 20th of October, 1869, Edward F. Barrow entered into a written agreement with the plaintiff John W. Barns, whereby Barns agreed to furnish Barrow flour and feed to be sold by the latter on commission, at prices to be designated by the former.

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Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered on the report of a referee. This action was upon a guaranty. On the 20th of October, 1869, Edward F. Barrow entered into a written agreement with the plaintiff John W. Barns, whereby Barns agreed to furnish Barrow flour and feed to be sold by the latter on commission, at prices to be designated by the former. Barrow was to account for the proceeds of sales, deducting his commissions. The defendant guaranteed, ' in writing, the performance of this…

1Opinion of the Court

Dwight, C.

The single question in this case is, whether, under a written contract of guaranty, purporting to be made with a particular person, a firm, of which that person is a member, can recover the value of goods supplied to the person whose solvency was guaranteed, there being no evidence that the guarantor was made acquainted with the fact that the goods were to be supplied by the firm.

On the face of this contract, it is plain that no one could act upon it, except the persons named in it. The plaintiffs maintain that they can go behind the apparent transaction and show that they supplied…

2Cases cited2 opinions

  1. Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
  2. Birckhead v. BrownNew York Supreme Court · 1845

3Cited by47 opinions

  1. Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
  2. National Bank v. HallSupreme Court of the United States · 1880
  3. Beakes v. . DacunhaNew York Court of Appeals · 1891
  4. Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
  5. Markland Mining & Manufacturing Co. v. KimmelIndiana Supreme Court · 1882

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