Farnham v. Mallory
New York Court of Appeals
Appeal from a judgment. This action was brought by George" Farnham and Henry Womburgh, executors, against William M. Mallory, on a guaranty by Mallory of a bond given by the defendant, together with one Hiram W. Bostwick, to the plaintiffs, conditioned for the payment and discharge of a mortgage made by one Robert Miller, which was a lien on lands conveyed to the decedent by the defendant Mallory. The facts are more fully stated in the opinion of the court.
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Appeal from a judgment. This action was brought by George" Farnham and Henry Womburgh, executors, against William M. Mallory, on a guaranty by Mallory of a bond given by the defendant, together with one Hiram W. Bostwick, to the plaintiffs, conditioned for the payment and discharge of a mortgage made by one Robert Miller, which was a lien on lands conveyed to the decedent by the defendant Mallory. The facts are more fully stated in the opinion of the court. The following is a copy of the complaint: “ The complaint of the plaintiffs respectfully shows, That before the making of the bond or…
1Opinion of the Court
By the Court.—Davies, Ch. J.
—The plaintiffs’ claim in this action is based upon a guarantee of a bond made by Lauren Mallory and Hiram W. Bostwick to the plaintiffs, in these words:
“Know all men by these presents, that we, Lauren Mallory and Hiram W. Bostwick, of Corning, Steuben county, Mew York, are held and firmly bonded unto George Parnham and Henry Womburgh, both of Addison, Steuben county, Mew York, executors of the last will and testament of William Womburgh, deceased, late of Addison, in said county of Steuben, in the sum of seven thousand dollars, lawful money of the United States of…
2Cited by3 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- Maicas v. LeonyCity of New York Municipal Court · 1889
- Gregory v. MichaelsCity of New York Municipal Court · 1892