Legal Opinion

Westchester Mortgage Co. v. Thomas B. McIntire, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1915PublishedCited by 5 opinions

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

  1. Smith v. . MollesonNew York Court of Appeals · 1896
  2. Brown v. . CurtissNew York Court of Appeals · 1849
  3. Allen v. RightmereNew York Supreme Court · 1823
  4. Catskill National Bank v. DumaryNew York Court of Appeals · 1912
  5. Claflin v. . OstromNew York Court of Appeals · 1874

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Security-First National Bank of Los Angeles v. Lloyd-SmithAppellate Division of the Supreme Court of the State of New York · 1940
  2. In re Lawyers Westchester Mortgage & Title Co.New York Supreme Court · 1941
  3. Blaustein v. SchnabelAppellate Division of the Supreme Court of the State of New York · 1946
  4. Chicago Title & Trust Co. v. Fox Theatres Corp.District Court, S.D. New York · 1936
  5. Schaick v. Bank of YorktownNew York Supreme Court · 1934

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