Barney v. . Forbes
New York Court of Appeals
Appeal from iudgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed "by the court. This was an action upon an alleged guaranty. The facts are sufficiently stated in the opinion.
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Appeal from iudgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed "by the court. This was an action upon an alleged guaranty. The facts are sufficiently stated in the opinion. The defendant’s promise was void under the Statute of Frauds, because the written memorandum subscribed by him does not state the terms of the agreement, nor indicate, without resort to oral testimony, any other memorandum that does. (Wood v. Midgley, 5 DeG. M. & G. 41;…
1Opinion of the Court
Follett, Ch. J.
August 31, 1882, J. M. Mur was indebted in the sum of $9,941.88 to the plaintiffs, who held as collateral, eight first mortgage bonds for $1,000 each, with several coupons attached, issued by the Boston, Hartford & Erie Railroad Company, and four hundred of the shares of the stock of that corporation. The shares were of little, or no value; but the value of the bonds and coupons was about equal to the debt. At fills time the defendant Avas one of the partners of Russell & Co., and on the date mentioned, he inclosed the following letters in an envelope and sent them to the…
2Cases cited5 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Drake v. . SeamanNew York Court of Appeals · 1884
- Coe v. . ToughNew York Court of Appeals · 1889
- Newbery v. . WallNew York Court of Appeals · 1875
- Speyers v. LambertThe Superior Court of New York City · 1869
3Cited by22 opinions
- Wood v. WilliamsIllinois Supreme Court · 1892
- Henderson v. LemkeOregon Supreme Court · 1911
- Delaware Mills, Inc. v. Carpenter Bros.Appellate Division of the Supreme Court of the State of New York · 1922
- Blumm v. GilbertAppellate Division of the Supreme Court of the State of New York · 1900
- Gein v. LittleNew York Supreme Court · 1904
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