American Fruit Product Co. v. Ward
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the American Fruit Product Company, from a judgment of the Supreme Court in favor óf the. defendant, entered in the office of the clerk of the county of Albany on the 18th day of July, 1905, upon the report of a referee dismissing the complaint, and also from an order entered in said clerk’s office on the 18th day of July, 1905, granting the defendant an extra allowance. The action is brought for damages for an alleged breach of guaranty.
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Appeal by the plaintiff, the American Fruit Product Company, from a judgment of the Supreme Court in favor óf the. defendant, entered in the office of the clerk of the county of Albany on the 18th day of July, 1905, upon the report of a referee dismissing the complaint, and also from an order entered in said clerk’s office on the 18th day of July, 1905, granting the defendant an extra allowance. The action is brought for damages for an alleged breach of guaranty. For many years prior to February, 1902, John G. Ward. & Sons, a corporation, was engaged in business at Bavena, Alban/ county, in…
1Opinion of the Court
Chester, J.:
It is conceded by counsel on both sides- that the trial presented only questions of fact for determination. After a careful examination of the evidence and the briefs of counsel I am satisfied that witli one exception the referee’s findings are sustained by sufficient evidence. The exception relates to the item of thirty-five dollars ' for services of one Aschman as a chemist, rendered to said J. Gr. Ward & Sons, before the transfer and which was not stated in the liabilities of. the corporation. The defendant guaranteed to protect the plaintiff from all obligations not stated.…
2Cases cited1 opinion
- United Press v. . New York Press Co.New York Court of Appeals · 1900
3Cited by6 opinions
- Miller v. ClaryAppellate Division of the Supreme Court of the State of New York · 1911
- Town of North Hempstead v. OelsnerAppellate Division of the Supreme Court of the State of New York · 1912
- Cohen v. Texas Co.District Court, E.D. New York · 1927
- Bank of United States v. National City BankNew York Supreme Court · 1934
- Colligan v. City of New YorkNew York Supreme Court · 1914
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