Henry McShane Co. v. Padian
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by the Henry McShane Company, Limited, against William Padian. Prom a judgment in favor of defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtBischoff, J.
This action was brought to recover upon a written guaranty in the following words: “I, William Padian, hereby guaranty to the Henry McShane Company, Limited, the payment by John P. Wiegers, plumber, to them, for any and all materials which they may deliver to John P. Wiegers, I not to be liable for any balance exceeding live hundred dollars which may become due. ” Plaintiff contended that the guaranty was given to secure the payment of a floating balance which might at any time thereafter be due and owing by Wiegers, and accrue from the extension of a general credit to him in the purchase of…
2Cases cited16 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Knapp v. . RocheNew York Court of Appeals · 1884
- Gates v. . McKeeNew York Court of Appeals · 1855
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
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3Cited by3 opinions
- Cargill Commission Co. v. SwartwoodSupreme Court of Minnesota · 1924
- Baker County v. HuntingtonOregon Supreme Court · 1905
- Central Gas & Electric Fixture Co. v. KohnNew York Court of Common Pleas · 1893