Legal Opinion

Lorillard v. . Clyde

New York Court of Appeals

Decided March 26, 1886PublishedCited by 5 opinions

Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made August 11, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a guaranty executed by defendants, which, wherein also the material facts are stated, is set forth in the opinion.

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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made August 11, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a guaranty executed by defendants, which, wherein also the material facts are stated, is set forth in the opinion. The true distinction between demands or rights of action which are single and those which are several and distinct is that the former immediately arise out of one and the same contract and the latter out of different acts or…

1Opinion of the CourtEabl, J.

In May, 1874, the plaintiff and the defendants were the owners of certain vessels used in the transportation business between the cities of New York and Philadephia, and they entered into a mutual agreement for the consolidation of their respective interests and for the formation of a corporation under .the laws of this State, with a capital of $300,000, to be divided between them. It was part of the agreement that the defendants should have the management of the corporation and its business, and in consideration thereof they guaranteed to the plaintiff dividends on his stock in the…

2Cases cited1 opinion

  1. Lorillard v. . ClydeNew York Court of Appeals · 1881

3Cited by5 opinions

  1. Lorillard v. . ClydeNew York Court of Appeals · 1890
  2. Royal Live Fish Co. v. Central Fish Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. Dale Engineering Co. v. StateNew York Court of Claims · 1921
  4. McAndrew v. Lake Shore & Michigan Southern Railway Co.New York Supreme Court · 1893
  5. Walker v. Ideal Gas & Electric Fixture Co.Appellate Terms of the Supreme Court of New York · 1916

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