Sturmdorf v. Saunders
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin E. Saunders, from a judgment of the Supreme Court.in favor of the plaintiff and the defendants Snedeker, entered in the office of the clerk of the county of Kings on the 13th day of June, 1905, upon the verdict of a jury, rendered by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 15th day of June, 1905, denying the appellant’s motion for a new trial made upon…
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Appeal by the defendant, Franklin E. Saunders, from a judgment of the Supreme Court.in favor of the plaintiff and the defendants Snedeker, entered in the office of the clerk of the county of Kings on the 13th day of June, 1905, upon the verdict of a jury, rendered by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 15th day of June, 1905, denying the appellant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff was the holder of a chattel mortgage conditioned for the payment of the sum of $4,500, which the mortgage recited was the sum in which the mortgagors were then indebted to the plaintiff. In consideration of the satisfaction of said mortgage the testator, of the defendant Saunders gave the plaintiff the written guaranty sued upon, in which he guaranteed the payment of the indebtedness then owing the plaintiff by the said mortgagors, which it was agreed should not exceed the sum of $3,000. The plaintiff claimed upon the trial that said mortgage indebtedness of $4,500…
2Cases cited20 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Truscott v. . KingNew York Court of Appeals · 1852
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3Cited by10 opinions
- Knies v. LangNebraska Supreme Court · 1928
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- Segear v. WestcottNebraska Supreme Court · 1909
- James A. Haggerty Lumber & Mill Work, Inc. v. Thompson-Starrett Construction Co.Appellate Division of the Supreme Court of the State of New York · 1965
- I & I Holding Corp. v. GainsburgAppellate Division of the Supreme Court of the State of New York · 1937
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