Legal Opinion

Stein v. Whitman

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

Decided May 29, 1913PublishedCited by 5 opinions

Appeal by the defendants, Clarence P. Whitman and another, from an order of the Supreme Court, made at, the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 6th day of March, 1913, overruling the defendants’ demurrer to the complaint and granting the plaintiff’s motion for judgment on the pleadings.

1Opinion of the Court

Hotchkiss, J.:

The complaint alleges that the defendant Whitman made his bond under seal payable to defendant Fauncé, which bond provided that the whole amount should, at Faunae’s option, become due on default of any installment of interest; "that ■ FaunCe assigned the bond to plaintiff, guaranteeing payment thereof according to its tenor;' that default had been made' in a semi-annual installment of interest, and plaintiff elected to have the whole amount due, wherefore, he demands judgment against both defendants.

The demurrer is upon the ground that the defendants are not severally liable…

2Cases cited2 opinions

  1. Roehr v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1896
  2. Loos v. McCormackAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by5 opinions

  1. Peoples Trust Co. v. O'NeilNew York Court of Appeals · 1937
  2. Automatic Strapping Machine Co. v. Twisted Wire & Steel Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. Hudson Trading Co. v. DurandAppellate Division of the Supreme Court of the State of New York · 1920
  4. Winter v. Maple City Manufacturing Co.New York Supreme Court · 1928
  5. Stein v. WhitmanAppellate Division of the Supreme Court of the State of New York · 1913

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