W. H. McElwain Co. v. Primavera
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, W. H. McElwain Company, from a judgment of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of April, 1917, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District.
1Dissent
Scott, J. (dissenting):
On January 14, 1910, the defendant executed and delivered a written guaranty to the corporation of Morse & Rogers, whereby he guaranteed “ the payment at maturity of any and all purchases from and after the date thereof, made by or in the name of H. Henry.” It was expressly agreed that the guaranty was to be a continuing one, covering all future purchases of goods until notice of revocation. Notice of sale, delivery of goods, non-payment at maturity, extensions and indulgences were waived.
The corporation of Morse & Rogers sold goods to the said H. Henry until March,…
2Cases cited7 opinions
- In Re Proving the Will of BergdorfNew York Court of Appeals · 1912
- Barns v. . BarrowNew York Court of Appeals · 1874
- People v. . BackusNew York Court of Appeals · 1889
- City Nat'l Bk. of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1884
- Bennett v. . DraperNew York Court of Appeals · 1893
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