Hurd v. . Kelly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (See note of decision below, 17 Hun, 327.) This action was brought by plaintiff, as receiver of the Third Avenue Savings Bank, upon a bond executed by defendant and the other obligors named therein, of the body of which the following is a copy : “ Know all men by these presents, that we, William A. Darling, John H. Lyon, Daniel Bates, W. D. Burns,William B. Harrison, James Stephens, Andrew Stephens, James Owens, Richard Kelly, D.…
1Opinion of the CourtAndrews, J.
The objections to the recovery in this case will be briefly considered. It is claimed that the bond was not due at the time of the commencement of the suit. This turns upon the construction of the instrument. The bond was executed by several obligors who bound themselves severally, in separate amounts each for himself, and not for the others, to pay to the bank a sum specified “ on the first day of January, one thousand eight hundred and eighty-three (1883), or six months after a demand therefor,” the aggre gate undertaking of all the obligors amounting to the sum of $100,000. The counsel for…
2Cases cited4 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Hope Mutual Life Insurance Co. v. . PerkinsNew York Court of Appeals · 1868
3Cited by41 opinions
- Deitrick v. GreaneySupreme Court of the United States · 1940
- Golden v. CervenkaIllinois Supreme Court · 1917
- Newton Nat. Bank v. NewbeginCourt of Appeals for the Eighth Circuit · 1896
- Union Bank v. . SullivanNew York Court of Appeals · 1915
- German-American Finance Corp. v. Merchants & Manufacturers State BankSupreme Court of Minnesota · 1929
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