Lorillard v. . Clyde
New York Court of Appeals
• Appeal from judgment of the G-eneral Term of the Superior Court of the city of New York, entered upon an order made October 24, 1892, which affirmed a iudgment in favor of plaintiff entered upon a decision of the court on trial without a jury.
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• Appeal from judgment of the G-eneral Term of the Superior Court of the city of New York, entered upon an order made October 24, 1892, which affirmed a iudgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought to recover upon a guaranty of dividends upon plaintiff’s stock in the Philadelphia and New York Steam Navigation Company for the years ending July 1, 1880, and July 1, 1881, contained in a contract between plaintiff and defendants. The provisions of said contract and the facts, so far as material, are stated in the opinion. The…
1Opinion of the Court
Andrews, Ch. J.
The validity of the contract upon which the action is brought was adjudicated in the case reported in 86 If. Y. 384. The divisible character of the obligation of the defendants, and the right of the plaintiff to maintain separate actions for successive payments on the guaranty as they fell due has also been settled. (122 N. Y. 41.) The plaintiff in the actions heretofore brought has recovered under the contract dividends or the equivalent of dividends on his stock at the rate of seven per cent per annum from July 1,1874, to July 1,1879, a period of five years antecedent to the…
2Cases cited5 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Jones v. United StatesSupreme Court of the United States · 1878
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Jones v. JuddNew York Court of Appeals · 1850
3Cited by80 opinions
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Waddle v. . CabanaNew York Court of Appeals · 1917
- Greil Bros. v. MabsonSupreme Court of Alabama · 1912
- In re the Estate of WitkindNew York Surrogate's Court · 1938
- Brown v. SchleierCourt of Appeals for the Eighth Circuit · 1902
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