Mead v. . Parker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 22, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. ■ (Reported below, 41 Hun, 577.) The nature of the action and the material facts are stated in the opinion. Plaintiff’s laches and neglect to collect for two and a half years discharged the guarantor. (Ins.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 22, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. ■ (Reported below, 41 Hun, 577.) The nature of the action and the material facts are stated in the opinion. Plaintiff’s laches and neglect to collect for two and a half years discharged the guarantor. (Ins. Co. v. Wright, 76 N. Y. 447; McMurray v. Noyes, 72 id. 524; 6 Cowen, 624; 1 Wend. 455; 31 Barb. 94; 15 Hun, 346.) Every…
1Opinion of the CourtPeckham, J.
This action was commenced to recover the balance due upon a bond and mortgage, the latter of which had been foreclosed and a judgment for deficiency entered against the mortgagor. The liability of the defendant herein rests upon a guaranty which he signed and by which he guaranteed the collection of the bond to one Cordial S. Jennings, by whom it was assigned to the plaintiff.
The defendant, among other things, set up that the plaintiff had extended and put off the time for the payment of the bond and mortgage without the consent of the defendant.
The bond became due and payable by its terms…
2Cases cited4 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Adams v. WaySupreme Court of Connecticut · 1864
- Milks v. . RichNew York Court of Appeals · 1880
- Thomas v. WoodsNew York Supreme Court · 1825
3Cited by14 opinions
- Carney v. New York Life InsuranceNew York Court of Appeals · 1900
- Vanderhule v. BerinsteinAppellate Division of the Supreme Court of the State of New York · 1954
- Salt Springs National Bank v. SloanNew York Court of Appeals · 1892
- Berg Metals Corp. v. WilsonCalifornia Court of Appeal · 1959
- Sullivan v. New York & Rosendale Cement Co.New York Court of Appeals · 1890
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