De Luka v. . Goodwin
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made November 30, 1892, which affirmed a judgment in favor of defendants entered upon an order dismissing the complaint oh trial at Special Term. This was an action upon a guaranty executed by defendants and annexed to a building contract entered into by plaintiff with the firm of D. G. Ross & Go. The guaranty in question and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made November 30, 1892, which affirmed a judgment in favor of defendants entered upon an order dismissing the complaint oh trial at Special Term. This was an action upon a guaranty executed by defendants and annexed to a building contract entered into by plaintiff with the firm of D. G. Ross & Go. The guaranty in question and the facts, so far as material, are stated in the opinion. Whatever damages plaintiff has sustained by reason of the inexcusable failure of Miller <& Ross to pay the amounts…
1Opinion of the CourtPeokham, J.
The sole question here arises as to the meaning of the guaranty signed by defendants.
The plaintiff had entered or was about to enter into a contract with Miller '& Boss to do the mason work upon some houses which they were then intending to erect in Brooklyn on land which they had purchased from the defendant Goodwin. They had agreed with Goodwin to build the houses of a specified kind, and he had agreed with them to loan them the sum of $15,000, to be secured by their bond and by a mortgage on the land. The loan was to be made in installments as the work progressed on each house and at…
2Cited by7 opinions
- M.H. Metal Products Corporation v. AprilNew York Court of Appeals · 1929
- Schaffran v. Mt. Vernon-Woodberry Mills, Inc.Court of Appeals for the Third Circuit · 1934
- McAfee v. WyckoffNew York Supreme Court · 1904
- Tillotson & Wolcott Co. v. Scottdale MacHine & Mfg. Co.Ohio Court of Appeals · 1926
- Acme Brick Co. v. WestCourt of Appeals of Texas · 1919
2 more not listed; retrieve them via the Exa API.