McWilliams v. Mason
The Superior Court of New York City
Appeal from an order denying defendant’s motion for a new trial after verdict, and from judgment entered against him on the verdict. The action was brought by James H. McWilliams against John M. Mason, upon the defendant’s guaranty of payment of the bond of Thomas Carlile, for fifteen hundred dollars. The bond and guaranty were given to Townsend, the plaintiff’s assignor.
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Appeal from an order denying defendant’s motion for a new trial after verdict, and from judgment entered against him on the verdict. The action was brought by James H. McWilliams against John M. Mason, upon the defendant’s guaranty of payment of the bond of Thomas Carlile, for fifteen hundred dollars. The bond and guaranty were given to Townsend, the plaintiff’s assignor. The defence was that the defendant had been induced to sign the guaranty upon the representations of Carlile, that he wanted the money to go into business with in Ohio, and that Townsend would advance the money. The…
1Opinion of the Court
By the Court.—Monell, J.
J.—The learned Chief Justice before whom, this cause was tried, presented it for the consideration of the jury in three aspects :
First—If the jury should find that the defendant was applied to, to guaranty the bond, on a representation that Carlile wished the money for the purpose stated, and on a representation that Townsend would advance the money on the bond and guaranty; and if the jury also believed that Carlile informed Townsend that he had made this application to the defendant who had agreed to guaranty the bond, and that afterwards, without any communication…
2Cases cited2 opinions
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- McWilliams v. MasonThe Superior Court of New York City · 1857