Loos v. McCormack
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael McCormack, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 27th day of February, 190'5, upon the decision of the court, rendered after a trial at the Mew York Special Term, sustaining the plaintiff’s demurrer to each of the four separate affirmative defenses contained in the defendant’s answer.
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Appeal by the defendant, Michael McCormack, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 27th day of February, 190'5, upon the decision of the court, rendered after a trial at the Mew York Special Term, sustaining the plaintiff’s demurrer to each of the four separate affirmative defenses contained in the defendant’s answer. The mortgage referred to in the guaranty was one in which the defendant was the mortgagee and the guaranty was executed in connection with an assignment from the defendant…
1Opinion of the Court
The following is the opinion of Bischoff, J., delivered at Special Term:
Bischoff, J.:
The action is upon a guaranty of payment and collection of an assigned bond and mortgage for §5,000, expressed in the following *10terms: “I do hereby guarantee unto said John II. Loos the payment and collection of the said bond and mortgage and of the interest due and'to grow due thereon, at the time and in the manner therein mentioned, and I do ‘ promise to pay the same at maturity thereof.” The complaint alleges two extensions of the time of payment, with the defendant’s consent, and sets forth non-payment at…
2Cases cited6 opinions
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Kingsbury v. . WestfallNew York Court of Appeals · 1875
- New York & Mount Vernon Transportation Co. v. TyrolerAppellate Division of the Supreme Court of the State of New York · 1898
- Tuton v. ThayerNew York Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mohasco Industries, Inc. v. Giffen Industries, Inc.District Court, S.D. New York · 1971
- Bank of Italy v. Merchants National BankAppellate Division of the Supreme Court of the State of New York · 1921
- Stein v. WhitmanAppellate Division of the Supreme Court of the State of New York · 1913
- Jackson v. PesciaNew York Supreme Court · 1909
- Riehl v. Illinois Surety Co.City of New York Municipal Court · 1914
1 more not listed; retrieve them via the Exa API.