Legal Opinion

McWilliams v. . Mason

New York Court of Appeals

Decided March 5, 1865PublishedCited by 17 opinions

Appeal from: judgment of the Superior Court of the city ■ of Hew York, affirming judgment entered on verdict. The action was brought upon a guaranty of the payment of a bond, made by one Carlile to one Townsend (the plaintiff’s assignor), dated the 28th day of March, 1848, and conditioned to pay $1,-500 within two years, with semi-annual interest. The guaranty was indorsed upon the bond, and executed simultaneously therewith.

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Appeal from: judgment of the Superior Court of the city ■ of Hew York, affirming judgment entered on verdict. The action was brought upon a guaranty of the payment of a bond, made by one Carlile to one Townsend (the plaintiff’s assignor), dated the 28th day of March, 1848, and conditioned to pay $1,-500 within two years, with semi-annual interest. The guaranty was indorsed upon the bond, and executed simultaneously therewith. On the delivery of the bond and guaranty to him, Townsend delivered to Carlile a note for $231.74, principal and interest, which he then held against him, and assigned…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] There is no difficulty in determining under which "aspect" of the charge the jury found their verdict; and of course none in discerning what facts were found by them and what allegations were negatived. The case states that "the jury found a verdict for the plaintiff for $2,369.59, being the principal and interest of the mortgage on March 28, 1848, viz., $1,293.55, and the interest due thereon." If the jury had found the facts to be as hypothetically presented…

2Cases cited2 opinions

  1. Van Duzer v. . HoweNew York Court of Appeals · 1860
  2. Sibley v. . WaffleNew York Court of Appeals · 1857

3Cited by17 opinions

  1. Page v. . KrekeyNew York Court of Appeals · 1893
  2. Belmont Branch of State Bank of Ohio v. HogeNew York Court of Appeals · 1866
  3. Green v. WilkieSupreme Court of Iowa · 1896
  4. Timpson v. . AllenNew York Court of Appeals · 1896
  5. Maryland Casualty Co. v. Central Trust Co.New York Court of Appeals · 1948

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