Herrick v. Guarantors' Finance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Guarantors’ Finance Company of Philadelphia, from a judgment of the Supreme Court in favor of” the plaintiff j entered in the office of the clerk of the county of New York on the 1st day of February, 1900, upon the verdict of a jury-rendered by direction of the court.
Read the full summary
Appeal by the defendant, The Guarantors’ Finance Company of Philadelphia, from a judgment of the Supreme Court in favor of” the plaintiff j entered in the office of the clerk of the county of New York on the 1st day of February, 1900, upon the verdict of a jury-rendered by direction of the court. The action was brought to recover upon a written guaranty-alleged to have been given to 'assure the payment of a certain note for $5,000, dated September 14, 1897, made by George W. Gray and payable to Win. J. Hendrick at the Seventh National Bank, Philadelphia, Penn., four months after date. The…
1Opinion of the Court
O’Brien, J.:
It. will be seen that the note and the guaranty are identical as to the names of the parties, the amount payable, the date and duration of time and the place of payment. And the evidence shows that in every transaction herein appearing the note in evidence and the guaranty went together until they came into the possession of the J. Walter Thompson Company, when they were bought by J.. H. Herrick & Co., and were thereafter presénted at the bank for payment and protested. It is not denied that they were both given as alleged by the plaintiff, excepting that there is a denial that…
2Cited by1 opinion
- Healthco, Inc. v. ZambelisMassachusetts Appeals Court · 1975