Van Wagner v. Terrett
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The complaint alleged that on the 27th day of March, 1856, one Jane E. Jones entered into a certain contract with the defendant, whereby it was among other things, agreed, that the said Jane E. Jones should construct, or cause to be constructed, five brick houses on the north side of Putnam avenue, in the city of Brooklyn, 80 feet or thereabouts, west of Bedford avenue, and that the said Gilbert R. Terrett would,…
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APPEAL from a judgment entered upon the report of a referee. The complaint alleged that on the 27th day of March, 1856, one Jane E. Jones entered into a certain contract with the defendant, whereby it was among other things, agreed, that the said Jane E. Jones should construct, or cause to be constructed, five brick houses on the north side of Putnam avenue, in the city of Brooklyn, 80 feet or thereabouts, west of Bedford avenue, and that the said Gilbert R. Terrett would, at certain stages in the erection of such buildings, make certain payments or advances to the said Jane E. Jones, and…
1Opinion of the Court
By the Court, Brown, J.
The instrument in writing, which is the subject of the plaintiff’s action, is not a bill of exchange,' within the law merchant, because it is not for the payment of money, absolutely and at all events, but its payment depends upon a contingency. (Chitty on Bills, 134.) The acceptance by the defendant, Gilbert H. Terrett, is not the guaranty of a debt due from Jane B. Jones, the drawer, to David H. Van Wagner, the payee, because the relation of principal and surety did not exist at the time the draft was accepted, and is not created thereby. Bo question, therefore,…
2Cases cited1 opinion
- Mather v. PerryNew York Supreme Court · 1846
3Cited by6 opinions
- Gallagher v. . NicholsNew York Court of Appeals · 1875
- Duffield v. . JohnstonNew York Court of Appeals · 1884
- Lawrence v. PhippsNew York Supreme Court · 1893
- Daly v. MathewsNew York Supreme Court · 1860
- American Boiler Co. v. FouthamNew York Supreme Court · 1898
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