First National Bank v. . Story
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 21, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. This action was brought upon a written instrument, dated January 31st, 1901, signed and sealed by the defendant and five others, and running to the First National Bank of Waterloo.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 21, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. This action was brought upon a written instrument, dated January 31st, 1901, signed and sealed by the defendant and five others, and running to the First National Bank of Waterloo. After appropriate recitals showing its consideration and purpose, and the relation of the signers as stockholders “ or otherwise” to the Waterloo Organ Company, it…
1Opinion of the CourtVann, J.
The appellant insists that the plaintiff, by accepting a similar contract of guaranty for the succeeding year, extinguished its right to recover on the instrument in question. Thus far it has been held that in the absence of evidence, either internal or external, to show that the new contract was designed to destroy the one outstanding, it cannot be deemed to have been given in renewal thereof, or as a substitute therefor, but must be regarded as an independent and distinct agreement. That subject has been sufficiently-discussed by well-considered opinions in both of the courts below, where…
2Cases cited9 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Beers v. . ShannonNew York Court of Appeals · 1878
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Wangler v. . SwiftNew York Court of Appeals · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Texas Water Supply Corp. v. Reconstruction Finance Corp.Court of Appeals for the Fifth Circuit · 1953
- Bliss v. BlissMassachusetts Supreme Judicial Court · 1915
- Gullery v. ImburgioAppellate Division of the Supreme Court of the State of New York · 2010
- Bryant v. Food MacH. & Chem. Corp. Niagara Chem. Div.District Court of Appeal of Florida · 1961
- Weil v. Free State Oil Co. of Md.Court of Appeals of Maryland · 1952
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