Bennett v. Draper
New York Supreme Court
Appeal from special term, New York county. Action by Daniel H. Bennett and Hiram C. Bennett against George T. Kellock, individually and as surviving partner of the firm of John H. Draper & Co., and Frances S. Draper. Plaintiffs appeal from a judgment sustaining the demurrer of Frances S. Draper to their complaint.
1Opinion of the CourtDaniels, J.
The ground upon which the defendant’s liability was asserted in this action was a bond executed by her as a surety in January, 1881; and this isa copy of that bond: “Know all men by these presents, that we, John H. Draper and George T. ICellock, composing the firm of John H. Draper & Company, of the city of New York, as principals, and Frances S. Draper, of the same place, widow, as surety, are held and firmly bound unto H. C. Bennett & Company in the sum of forty thousand dollars, lawful money of the United States of America, to be paid to the said H. C. Bennett & Company, their successors…
2Cases cited5 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Barns v. . BarrowNew York Court of Appeals · 1874
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
- Ward v. . StahlNew York Court of Appeals · 1880
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
3Cited by1 opinion
- Bennett v. . DraperNew York Court of Appeals · 1893