Wood v. . Sheehan
New York Court of Appeals
Appeal from judgment of the General Term of the Oity Court of Brooklyn affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought upon a promissory note executed by defendant. It appeared that defendant being indebted to plaintiff for a bill of goods purchased by her, delivered to him the note, and also an assignment of a bond and mortgage.
Read the full summary
Appeal from judgment of the General Term of the Oity Court of Brooklyn affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought upon a promissory note executed by defendant. It appeared that defendant being indebted to plaintiff for a bill of goods purchased by her, delivered to him the note, and also an assignment of a bond and mortgage. Plaintiff, at the same time, executed and delivered "to defendant an instrument, of which the following is a copy: “ I, John Wood, of ISTo. 178-180 Pulton street, Brooklyn, hereby…
1Opinion of the CourtAllen, J.
The agreement between the parties must be read as a whole, and effect given to every part thereof, so far as possible. Inconsistent clauses must be reconciled, if they may be, and effect given to the intent of the parties as gathered from the four corners of the instrument. These are familiar rules of interpretation.
Although the plaintiff in terms acknowledges to have received from the defendant an assignment of the bond and mortgage mentioned, in full payment of the bill of goods sold, the other parts of the instrument disclose the fact that he only received it in payment, at his option, to…
2Cited by7 opinions
- In re Brooklyn Trust Co.New York Supreme Court · 1936
- Schoellkopf v. CoatsworthAppellate Division of the Supreme Court of the State of New York · 1900
- Fox v. International Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Buell v. S. S. Kresge Co.New York Supreme Court · 1941
- Perron v. First National BankMichigan Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.