Farm. Mech's' Nat'l B'k of Buffalo v. . Lang
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 22 Hun, 872.) This action was brought upon the written instrument hereinafter set forth.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 22 Hun, 872.) This action was brought upon the written instrument hereinafter set forth. In 1874, one Frank Weppner, who was engaged in Buffalo as a pork packer, and who had been a customer of the plaintiff, applied to the plaintiff to extend his line of discount, and on the 30th of October, in that year, he procured and delivered to the plaintiff, in the presence…
1Opinion of the CourtFinch, J.
If the defendant has incurred the liability asserted in this action, it is by force of his contract of guaranty. The just construction of that contract underlies the principal "questions discussed upon the appeal. While the favor which the law shows to a surety serves to shield him from implied engagements, and holds him only to the express stipulations of his contract, yet the rule of construction applicable to his written agreement is in no respect changed or modified by the mere fact of his suretyship. We are still to apply the ordinary rules, and require exact performance of express…
2Cases cited2 opinions
- Gates v. . McKeeNew York Court of Appeals · 1855
- Yenni v. . McNameeNew York Court of Appeals · 1871
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- Conrad v. FisherMissouri Court of Appeals · 1889
- American Can Co. v. Erie Preserving Co.U.S. Circuit Court for the District of Western New York · 1909
- People v. E. Remington & SonsNew York Supreme Court · 1891
- First National Bank of Monroe v. EdgertonWisconsin Supreme Court · 1882
- First National Bank v. DunNew York Supreme Court · 1883
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