Legal Opinion

John Berger & Son Co. v. Duys

New York Supreme Court

Decided September 16, 1940PublishedCited by 5 opinions

1Opinion of the Court

J. Addison Young, Official Referee.

This action is based upon an agreement made by Jolm H. Buys (now deceased) in which said decedent guaranteed payment of certain mortgage bonds by a corporation known as Tegge-Jackman Cigar Co., Inc., which had for itself assumed payment of said bonds in connection with its purchase of certain machinery, equipment, trade names, tobacco and personal property from another corporation known as the N. N. Smith Company, on whose factory properties the mortgage securing said bonds was a lien. The plaintiff, as owner of the unpaid mortgage bonds, contends that it…

2Cases cited3 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Merrill v. . GreenNew York Court of Appeals · 1873
  3. Moore v. . RyderNew York Court of Appeals · 1875

3Cited by5 opinions

  1. Jackman Cigar Manufacturing Co. v. John Berger & Son Co.Indiana Court of Appeals · 1944
  2. Westgate North, Inc. v. State UniversityNew York Court of Claims · 1973
  3. Worldwide Sugar Co. v. Royal Bank of CanadaDistrict Court, S.D. New York · 1984
  4. John Berger & Son Co. v. DuysAppellate Division of the Supreme Court of the State of New York · 1941
  5. Income Foundation Fund, Inc. v. C-F-M Company and Loblaw, Inc.Court of Appeals for the Sixth Circuit · 1964

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