Weed v. . Spears
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1907, affirming a judgment in favor of plaintiffs entered upon the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1907, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The action was brought to recover the sum of $5,133.97, being the balance with interest and costs paid by the respondents on a certain note of the High Falls Sulphite Pulp and Mining Company which had been indorsed by the parties to this action, and recovery was had by virtue of a promise made by the appellant to pay said balance. It is now claimed that such promise was without…
1Opinion of the CourtHiscock, J.
I do not see any theory on which the recovery by respondents over against appellant of the balance which they paid on the Small note can be sustained. The only ground on which they seek to do it is the parol agreement of 1897, whereby they and the appellant purported to apportion between themselves the notes indorsed by them for the Sulphite Pulp and Mining Company which each was to pay. At this time the respondents and appellant concededly were firmly and legally bound by the prior agreement of 1894 to pay this indebtedness in certain proportions. The second agreement now relied on by…
2Cited by17 opinions
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Fidelity & Deposit Co. of Maryland v. DukeCourt of Appeals for the Ninth Circuit · 1923
- Tacoma & Eastern Lumber Co. v. Field & Co.Washington Supreme Court · 1918
- Cuneo Press v. Claybourn CorporationCourt of Appeals for the Seventh Circuit · 1937
- Marsh v. La MarcoNew York Supreme Court · 1973
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