Standard Underground Cable Co. v. Stone
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by the Standard Underground Cable Company against Harry G. Stone. There was a judgment for plaintiff, and defendant appeals..
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Appeal from special term. Action by the Standard Underground Cable Company against Harry G. Stone. There was a judgment for plaintiff, and defendant appeals.. The Electrical Supply & Construction Company, of Pittsburg, Pa., in September, 1895, desiring to obtain goods from plaintiff on credit, it was mutually agreed that the former should furnish to the latter1 a bond to secure it for goods thereafter sold and delivered, with W. H. Stone, its treasurer, H. W. Doubleday, its president, and the appellant, Harry C. Stone, as sureties. The bond was accordingly drawn and executed by the appellant,…
1Opinion of the CourtPutnam, J.
When the bond on which plaintiff sought to maintain the action came into the hands of Mr. Doubleday, president of the principal obligor therein, it was a completely executed instrument. Those named therein, and who by its terms were bound by it had affixed their signatures thereto. But Mr. Doubleday evidently signed his name thereto with intent to become an additional surety. Under the original arrangement between the plaintiff- and the Electrical-Supply & Construction Company, he was to become such. It has been held that one executing an instrument signed by others, who-*384are named as parties…
2Cases cited14 opinions
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Miller v. FinleyMichigan Supreme Court · 1872
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Mersman v. WergesSupreme Court of the United States · 1884
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