Mulry v. Eckerson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, JohnO. E. Eckerson, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Eew York on the 7th day of January, 1911, upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Miller, J.:
The plaintiff’s testator, John Fleming, and Charles A. Brown were copartners. Fleming sold his interest to Brown and the latter assumed and agreed to pay the copartnership debts. The defendant joined him in an undertaking to Fleming, the condition of which was: “The said Charles A. Brown shall' well and truly pay within six months from the date hereof all commercial debts and bills payable by said copartnership of Brown & Fleming and the expenses and debts of said James J. Coogan, as receiver of the property of Brown & Fleming, other than claims in judgment and in tort, and also…
2Cases cited4 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
- Berry v. SchaadAppellate Division of the Supreme Court of the State of New York · 1900
- V. Loewer's Gambrinus Brewery Co. v. LithauerAppellate Terms of the Supreme Court of New York · 1904
3Cited by3 opinions
- Farley v. PattersonAppellate Division of the Supreme Court of the State of New York · 1915
- Adams v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Ad Press, Ltd. v. Feiner, Curtis, Smith & GoldmanCivil Court of the City of New York · 1973