Legal Opinion

American Guild v. . Damon

New York Court of Appeals

Decided November 13, 1906PublishedCited by 26 opinions

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.

Read the full summary

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

  1. Gillespie v. . TorranceNew York Court of Appeals · 1862
  2. Acer v. . HotchkissNew York Court of Appeals · 1884
  3. Bathgate v. . HaskinNew York Court of Appeals · 1875
  4. Town of Fishkill v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1856
  5. National Fire Insurance Company v. . McKayNew York Court of Appeals · 1860

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Elliott v. . BradyNew York Court of Appeals · 1908
  2. National Bank v. Erion-Haines Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
  3. Foley v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1943
  4. Sherwood v. Fred O. H. Fincke Co.Appellate Division of the Supreme Court of the State of New York · 1921
  5. 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.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API