Arnot v. . Erie Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, aíBrming a judgment in favor of plaintiffs entered upon the decision of the court at Special Term. (Reported below, 5 Hun, 638.) This action was brought upon certain alleged guaranties executed by defendant indorsed upon the bonds of the Boston, Hartford and Erie Railroad Company.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, aíBrming a judgment in favor of plaintiffs entered upon the decision of the court at Special Term. (Reported below, 5 Hun, 638.) This action was brought upon certain alleged guaranties executed by defendant indorsed upon the bonds of the Boston, Hartford and Erie Railroad Company. In October, 1867, defendant and the said The Boston, Hartford and Erie Railroad Company entered into a contract whereby the former agreed to guaranty the payment of interest upon a certain amount of the bonds of the…
1Opinion of the Court
Earl, J., It is not important to decide whether the Erie Railway Company could legally guaranty the payment of the bonds of the Boston, Hartford and Erie Railroad Company, under the arrangement made at the date of the bonds. Even if the guaranty, when made, was ultra vvres and, therefore, not binding upon the defendant, there is sufficient reason for enforcing the guaranty upon the bonds in question.
In December, 1867, John T. Eldridge, who was at the time president of the Erie Railway Company, made an arrangement with John Arnot, plaintiff’s testator, whereby Arnot delivered to him 3,200…
2Cases cited6 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Railroad Co. v. HowardSupreme Court of the United States · 1869
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Murray v. SmithThe Superior Court of New York City · 1853
- Adams v. HullNew York Supreme Court · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Marbury v. Kentucky Union Land Co.Court of Appeals for the Sixth Circuit · 1894
- Atchison, Topeka & Santa Fé Railroad v. FletcherSupreme Court of Kansas · 1886
- Mason v. Standard Distilling & Distributing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Pollitz v. Michigan Railroad CommissionMichigan Supreme Court · 1919
- Walters v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
7 more not listed; retrieve them via the Exa API.