Barlow v. . Myers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 3 Hun, 720; 6 T. & C., 183.) This action was brought by plaintiffs as holders of three promissory notes made by the firm of Randall & Williams, upon a promise made by defendant to said firm, upon assignment to her of the property and assets of the firm, and as part consideration for the assignment to pay the debts of the firm. The three promissory notes, at the time of the sale and agreement, were…
1Opinion of the CourtAndrews, J.
The construction of the contract between Randall & Williams and the defendant most favorable to the plaintiffs, is to regard it as an undertaking by the defendant in consideration of an absolute and irrevocable sale to her of the property and assets of Randall & Williams, to pay as part of the purchase-price the debts owing by the firm, including the notes then held by Eathan Randall.
It is claimed by the defendant that the reservation to Randall & Williams of the right to repurchase the property and business, and the limitation of the defendant’s undertaking, to the payment of debts to the…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Langdon v. BuelNew York Supreme Court · 1832
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Craig v. . ParkisNew York Court of Appeals · 1869
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Wheat v. . RiceNew York Court of Appeals · 1884
- Bennett v. . DraperNew York Court of Appeals · 1893
- Barker v. Pullman's Palace Car Co.U.S. Circuit Court for the District of Southern New York · 1903
- In re DresserCourt of Appeals for the Second Circuit · 1905
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
25 more not listed; retrieve them via the Exa API.