First National Bank v. Story
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, First National Bank of Waterloo, from a judgment of the Supreme Court in favor of the defendants’ testator, Leonard Story, entered in the office of the clerk of the county of Seneca on the 18th day of January, 1913, upon the decision of the cpurt after a trial before the court at the Seneca Trial Term, a jury having been waived. The judgment dismissed the complaint upon the merits.
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Appeal by the plaintiff, First National Bank of Waterloo, from a judgment of the Supreme Court in favor of the defendants’ testator, Leonard Story, entered in the office of the clerk of the county of Seneca on the 18th day of January, 1913, upon the decision of the cpurt after a trial before the court at the Seneca Trial Term, a jury having been waived. The judgment dismissed the complaint upon the merits. The joint and several bond, executed by six obligors, one of whom was defendants’ testator, upon which plaintiff’s cause of action is based, reads as follows: “ Whereas, the Waterloo Organ…
1Opinion of the Court
Robson, J.:
The obligations of the Waterloo Organ Company for the payment of which plaintiff sought to hold defendants under the guaranty bond consist of fifteen bonds of the organ company each for the sum of $500 with interest, less certain payments made thereon. These bonds are part of a series of eighty bonds of like tenor, which bear date December 1, 1894, and became due ten years thereafter. One Kendig, then the owner of the bonds, sometime prior to 1901 had put them up as collateral to two notes given by him to plaintiff, and at the time the guaranty bond in question was made the…
2Cases cited3 opinions
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- People Ex Rel. N.Y.C., Etc., R.R. Co. v. . WalshNew York Court of Appeals · 1914
3Cited by9 opinions
- Arch Insurance v. Precision Stone, Inc.Court of Appeals for the Second Circuit · 2009
- Rohn v. Weld County BankSupreme Court of Colorado · 1964
- In re the Arbitration between Local 345 of the Retail Store Employees Union & Heinrich Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- First National Bank v. Exchange National BankNew York Supreme Court · 1915
- Thomson v. CollinsCourt of Appeals of Texas · 1924
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