Shipman v. Kelley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs,. Chauncey N. Shipman and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 2d day of April, 1896, upon the decision of the court, rendered after a trial before the court without a jury at the Erie Circuit, on the 23d day of September, 1895.
1Concurrence
Green, J.:
The guaranty is dated January 25, 1894. “I hereby guarantee * * * the payment for all bills for coal shipped to * * *
to the amount of fifteen hundred dollars per month. The understanding between all the parties is that at no time shall there be standing more than three months’ shipments of coal.”
At different times between April 13 and May 15v> J894, plaintiffs sold and delivered to Harwood & Irish coal to the amount of $970.74, which was the last monthly balance of coal sold and delivered to them, and no further shipments of coal were ever made. On June 23, 1894, -notes of different…
2Cases cited14 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Cary v. . WhiteNew York Court of Appeals · 1873
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Putnam v. LewisNew York Supreme Court · 1811
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