Westchester Mortgage Co. v. Thomas B. McIntire, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Westchester Mortgage Company, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Westchester on the 2d day of January, 1915, upon a dismissal of the complaint by direction of the court at the opening.
1Opinion of the Court
Rich, J.:
The complaint was dismissed at the opening of the trial on the ground that it did not state facts sufficient to constitute a *140cause of action. The action against Foster is upon his guaranty of the payment of a promissory note. The complaint alleges the execution and delivery by the defendant company to plaintiff of its promissory note for $1,000, dated March 20,1914, and payable at the Mount Pleasant Bank of Pleasantville, N. Y., in sixty days after its date, accompanied by a written guaranty executed by the respondent and the defendant Mclntire in the following language:
“ This is to…
2Cases cited8 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Brown v. . CurtissNew York Court of Appeals · 1849
- Allen v. RightmereNew York Supreme Court · 1823
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- Claflin v. . OstromNew York Court of Appeals · 1874
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3Cited by5 opinions
- Security-First National Bank of Los Angeles v. Lloyd-SmithAppellate Division of the Supreme Court of the State of New York · 1940
- In re Lawyers Westchester Mortgage & Title Co.New York Supreme Court · 1941
- Blaustein v. SchnabelAppellate Division of the Supreme Court of the State of New York · 1946
- Chicago Title & Trust Co. v. Fox Theatres Corp.District Court, S.D. New York · 1936
- Schaick v. Bank of YorktownNew York Supreme Court · 1934