Shipman v. Glynn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Patrick Glynn and another, from a judgment of ■ the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Niagara on the 4th day of. November, 1896, upon the report of a referee.
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Appeal by the defendants, Patrick Glynn and another, from a judgment of ■ the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Niagara on the 4th day of. November, 1896, upon the report of a referee. This action was brought to foreclose a bond and mortgage which the defendants had executed to the plaintiffs to secure a claim of $2,500, and which were accompanied by a written agreement that said mortgage was to be a collateral security for an outstanding indebtedness of the firm of Glynn & McDonald, that the plaintiffs were to continue to ship coal…
1Opinion of the Court
Ward J.:
For several years prior to December 2, 1890, Charles Glynn, a son of the defendants, and one McDonald, as copartners, were carrying on a retail coal business at the city of Niagara Falls. At that date Charles Glynn died, and his interest in the copartnership was assumed by Patrick Glynn, and the business was continued-by Patrick and McDonald until on or about the 10th of November, 1891, when the partnership was dissolved. The plaintiffs were wholesale coal dealers, transacting their business at Buffalo, N. Y. They supplied coal to the Niagara Falls concern until the tenth of November…
2Cases cited4 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Smith v. . RentzNew York Court of Appeals · 1892
- Gould v. ConwayNew York Supreme Court · 1871
- Stiles v. HomerSupreme Court of Connecticut · 1852
3Cited by2 opinions
- Rathborne v. HatchAppellate Division of the Supreme Court of the State of New York · 1903
- Rathborne v. HatchAppellate Division of the Supreme Court of the State of New York · 1903