First National Bank v. Jones
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The guaranty executed by Oliver L. Jones is not an absolute guaranty of payment, but a conditional one; and before the plaintiff can recover upon it it must show that it has used due diligence to collect from JohnC. B. Eckerson and the Mine Hill Quarry Company, the makers of the notes and the…
1Opinion of the CourtChase, J.
The defendants’ intestate, at his special instance and request, in 1906 procured from the plaintiff a loan to the Mine Hill Quarry Company of which he was a stockholder, upon its promissory notes in various amounts aggregating $10,000, and also at his special instance and request, a loan to one Eckerson upon the promissory notes of said Eckerson, indorsed by said company, in various amounts aggregating $10,000, and he gave to the plaintiff a contract in writing reciting said loans, the material part of which contract is as follows: “Now, therefore, I hereby covenant and agree with said bank…
2Cases cited8 opinions
- Brown v. . CurtissNew York Court of Appeals · 1849
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
- Walker v. ForbesSupreme Court of Alabama · 1854
- National Exchange Bank v. GaySupreme Court of Connecticut · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- Depositors Trust Co. v. Hudson General Corp.District Court, E.D. New York · 1980
- Istituto Mobiliare Italiano v. Motorola, Inc.District Court, N.D. Illinois · 1988
- Bank of Italy v. Merchants National BankAppellate Division of the Supreme Court of the State of New York · 1921
- United Paperboard Co. v. Iroquois Pulp & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1926
9 more not listed; retrieve them via the Exa API.