Salt Springs National Bank v. Sloan
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 7, 1891, which reversed a judgment in favor of plaintiff entered upon a verdict and ordered a new trial. This action was brought upon a bond, the terms of which as well as the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 7, 1891, which reversed a judgment in favor of plaintiff entered upon a verdict and ordered a new trial. This action was brought upon a bond, the terms of which as well as the facts, so far as material, are stated in the opinion. Defendant’s sole defense is that plaintiff has been so guilty of laches under the bond and agreement, in not using due diligence to collect its drafts, of Baker & Clark, as to discharge defendant, a surety, upon said bond, conclusively and as matter of law. This…
1Opinion of the CourtPeckham, J.
This action was tried at the Onondaga Circuit before a jury. The bond upon which the suit was brought was executed by the defendant February 19,1887. For some time prior to that date there had been a fern doing business at Oswego under the name of Austin & Co., and such firm had at that time been insolvent for some months. There was another firm doing business in the city of New York under the firm name of Baker & Clark, which firm, some months prior to tlie above date, had also become insolvent, and had made an assignment to an assignee for the benefit of creditors. The finn of Austin & Co.…
2Cases cited4 opinions
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- Craig v. . ParkisNew York Court of Appeals · 1869
- Sullivan v. New York & Rosendale Cement Co.New York Court of Appeals · 1890
- Mead v. . ParkerNew York Court of Appeals · 1888
3Cited by26 opinions
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Vanderhule v. BerinsteinAppellate Division of the Supreme Court of the State of New York · 1954
- Veihelmann v. Manufacturers Safe Deposit Co.New York Court of Appeals · 1952
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