Henry McShane Co. v. Padian
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made March 14, 1892, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial before a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The written agreement or guaranty was not obtained by misrepresentation and the defendant is bound by it.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made March 14, 1892, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial before a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The written agreement or guaranty was not obtained by misrepresentation and the defendant is bound by it. (Moran v. McLarty, 75 N. Y. 25.) The defendant is bound by the terms of the written guaranty or agreement, and oral evidence is…
1Opinion of the CourtBartlett, J.
The plaintiff seeks to recover of the defendant upon the following guaranty :
“I, William Padian, hereby guarantee to the Henry McShane Company, Limited, the payment by John P. Wiegers, plumber, to them for any and all materials which they may deliver to John P. Wiegers, I not to be liable for any balance exceeding five hundred dollars which may become due.
“WILLIAM PADIAH.
“ Witness, Wji. II. Barth.
“Dated Hew York, March 31 st, ’90.”
This case was tried before a referee, who held that the guaranty was susceptible of two constructions, and admitted, to quote from his ojñnion, “ oral evidence of…
2Cases cited4 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Sherwood v. . HauserNew York Court of Appeals · 1883
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- In Re Estate of LichtensteinSupreme Court of New Jersey · 1968
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- Franklin National Bank v. SkeistAppellate Division of the Supreme Court of the State of New York · 1975
- Delaware Funds, Inc. v. Zuckerman-Honickman, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Hamilton Trust Co. v. ShevlinAppellate Division of the Supreme Court of the State of New York · 1913
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