American Guild v. . Damon
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 25, 1905, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The certificates are valid obligations for then-face value.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 25, 1905, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The certificates are valid obligations for then-face value. (Harriman on Contracts [2d ed.], § 259 ; Topliff v. Topliff., 122 U. S. 121; Wadsworth v. Tradesman Co., 132 N. Y. 540 ; First Nat. Bank of Springfield v. Dana, 79 N. Y. 116.) The certificates…
1Opinion of the Court
Cullen, Ch. J.
The action is brought by the plaintiff, a Virginia corporation, as the assignee of the Safety Fund Insurance Society, a ¡New York corporation, to foreclose a mortgage executed by the two appellants, husband and wife, to said last named corporation to'secure the payment of a joint and several bond executed and delivered to the same party at the same time. The defendants pleaded as a defense and set-off a claim held by the defendant Joseph Damon against the plaintiff’s assignor on two participation certificates issued by that corporation, the nature of which certificates is not…
2Cases cited10 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Town of Fishkill v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1856
- National Fire Insurance Company v. . McKayNew York Court of Appeals · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Elliott v. . BradyNew York Court of Appeals · 1908
- National Bank v. Erion-Haines Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Foley v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1943
- Sherwood v. Fred O. H. Fincke Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Granick v. Mobach.Appellate Division of the Supreme Court of the State of New York · 1961
21 more not listed; retrieve them via the Exa API.