Ducker v. . Rapp
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of plaintiffs, entered, upon an order overruling defendant’s exceptions and directing judgment upon a verdict. This actios was brought upon a guaranty executed by John H. Rapp, defendant’s testator guaranteeing the payment, on the part of the lessees, of the rent reserved in a lease of certain premises in the city of New York.
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Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of plaintiffs, entered, upon an order overruling defendant’s exceptions and directing judgment upon a verdict. This actios was brought upon a guaranty executed by John H. Rapp, defendant’s testator guaranteeing the payment, on the part of the lessees, of the rent reserved in a lease of certain premises in the city of New York. The lease was executed by and between Melehoir Ducker, plaintiffs’ testator as lessor, and Richard Doane and others, as lessees; it was for a term of five years, from May 1,…
1Opinion of the Court
Ohuroh, Oh. J.
This action is brought upon a guaranty by defendant’s intestate to secure the payment of rent by lessees of plaintiffs’ testator for certain premises in New York city. The amount claimed is for the rent due in May, August and November, 1874, and February, 1875.
The defense relied upon is, that the surety was discharged by certain transactions between the plaintiffs and the principal debtors. It seems that, for the rent due in May and August, actions had been commenced by the plaintiffs, as executors of the testator, and issues had been joined, and judgments were entered October…
2Cases cited1 opinion
- Bangs v. StrongNew York Court of Chancery · 1842
3Cited by34 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Murray v. . MarshallNew York Court of Appeals · 1884
- Lane & Saylor v. Scott & CulverTexas Supreme Court · 1882
- Coe v. . CassidyNew York Court of Appeals · 1878
- Hall & Co. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1970
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