Burt v. Quackenbush
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Abraham Quackenbush and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 18th day of October, 1901, upon the decision of the court rendered after a trial before the court without a jury at the Richmond Trial Term.
1Opinion of the Court
Jenks, J.:
This action is brought upon a bond executed by the defendants pursuant to an agreement under seal between the plaintiff and the defendant Quackenbush, and in conformity therewith. A condition of the bond was that “ C. L. Hascall (who was agent of the plaintiff) secures building loans or other loans ” for each of ten houses which the obligor, the defendant Quackenbush, agreed-to build and to complete by July 4, 1901. Quackenbush does not pretend to performance, but pleads that the true agreement required the securing of building loans only, and that when the agreement in its .Written…
2Cases cited10 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Young v. . HillNew York Court of Appeals · 1876
- Southard v. . CurleyNew York Court of Appeals · 1892
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3Cited by1 opinion
- Hoye v. BridgewaterAppellate Division of the Supreme Court of the State of New York · 1909