People v. . Backus
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 5, 1889, which affirmed a judgment in favor ■of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 5, 1889, which affirmed a judgment in favor ■of plaintiff, entered upon the report of a referee. This action was brought by the People against the defendants as guarantors upon the following bond or contract of the National Bank of Auburn, to wit: “ Whereas certain moneys of the state of New York have been and are proposed to be deposited in the First National Bank of Auburn, under the direction of the comptroller of the state, by the agent and warden of Auburn…
1Opinion of the CourtEarl, J.
Xo citation of authorities is needed to show that the contracts of sureties are to be construed like other contracts so as to give effect to the intention of the parties. In ascertaining that intention we are to read the language used by the parties in the light of the circumstances surrounding the execution of the instrument, and when we have thus ascertained their meaning we are to give it effect. But when the meaning of the language used has been thus ascertained, the responsibility of the surety is not to be extended or enlarged by implication or construction, and is strictissvmi juris.
Aft…
2Cases cited3 opinions
- City Nat'l Bk. of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1884
- Union Bank v. RidgelyCourt of Appeals of Maryland · 1827
- Brown v. LattimoreCalifornia Supreme Court · 1860
3Cited by42 opinions
- Tri-State Employment Services, Inc. v. The Mountbatten Surety Company, Inc.Court of Appeals for the Second Circuit · 2002
- Fehr Bros. v. ScheinmanAppellate Division of the Supreme Court of the State of New York · 1986
- International Fidelity Insurance v. County of RocklandDistrict Court, S.D. New York · 2000
- Richardson v. . County of SteubenNew York Court of Appeals · 1919
- Syracuse Lighting Co. v. . Maryland Casualty Co.New York Court of Appeals · 1919
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