Tighe v. . Morrison
New York Court of Appeals
Appeal from a judgment of the G-eneral Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June Term 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought upon an alleged guaranty or promise of indemnity.
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Appeal from a judgment of the G-eneral Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June Term 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought upon an alleged guaranty or promise of indemnity. Prior to June 21, 1875, Ann McKittrick, Michael Dowdall and the defendant were appointed administratrix and administrators, respectively, of the estate of one Hugh McKittrick, deceased, upon the condition that they furnish the usual bond, signed…
1Opinion of the CourtVann, J.
That the plaintiff signed the bond to which the conversation between the parties related cannot be denied by the defendant, as only one paper was spoken of, and at the close of the conversation he handed the undertaking in question to the plaintiff and told him where to sign it. Although, during Ms efforts to persuade the plaintiff to sign, the defendant spoke of “ Ms paper ” only as if he were to be sole administrator, the instrument, in fact, signed by the plaintiff, and which he had the right to presume was the one to which the guaranty related, provided for a faithful discharge of the…
2Cases cited8 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Chapin v. MerrillNew York Supreme Court · 1830
- Barry v. . RansomNew York Court of Appeals · 1855
- Kingsley v. BalcomeNew York Supreme Court · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
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- Kladivo v. MelbergSupreme Court of Iowa · 1929
- Barth v. GrafWisconsin Supreme Court · 1898
- Resseter v. WatermanIllinois Supreme Court · 1894
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