Maier v. Canavan
New York Court of Common Pleas
Appeal from a judgment in favor of the defendant Canavan, entered upon a decision of the general term of the Marine Court of the city of New York, reversing a judgment entered upon a verdict for plaintiff directed by the court at the trial, and from an order of said general term directing a new trial.
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Appeal from a judgment in favor of the defendant Canavan, entered upon a decision of the general term of the Marine Court of the city of New York, reversing a judgment entered upon a verdict for plaintiff directed by the court at the trial, and from an order of said general term directing a new trial. The action was brought to recover an unpaid part of the 27rice of goods sold and delivered to the defendants, who at the time of the sale and delivery were copartners, composing the firm of Moran & Canavan. By agreement between the two 2>artners the firm dissolved, Moran keeping the firm assets,…
1Opinion of the CourtVan Hoesen, J.
The defendant utterly failed to bring his case within the rule under which a surety is relieved by the neglect of the creditor to prosecute the collection of his demand against the principal debtor. There was no legal evidence that the principal debtor was solvent when the surety requested the creditor to sue, and that hé was insolvent afterwards. The case in the court below seemed to turn upon a supposititious state of affairs rather than upon the case made by the evidence. In Huffman v. Hulhert (13 *274Wend. 377) it was decided that in order to release the surety it must appear that the debt…
2Cases cited9 opinions
- Cary v. . WhiteNew York Court of Appeals · 1873
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Ducker v. . RappNew York Court of Appeals · 1876
- Place v. . McIlvainNew York Court of Appeals · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Preston v. GarrardSupreme Court of Georgia · 1904
- Lundberg v. Northwestern Elevator Co.Supreme Court of Minnesota · 1889
- Coykendall v. ConstableNew York Supreme Court · 1888
- Fogarty v. CullenThe Superior Court of New York City · 1883
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.