Grant v. . Smith
New York Court of Appeals
Appeal from judgment of the late General Term of the seventh judicial district, denying motion for a new trial, and directing judgment to be entered for plaintiff upon verdict. Cause tried in Livingston county.
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Appeal from judgment of the late General Term of the seventh judicial district, denying motion for a new trial, and directing judgment to be entered for plaintiff upon verdict. Cause tried in Livingston county. On the twentieth day of January, 1857, a contract in writing was made and entered into, between L. Sweet & Co., of Dansville, 1ST. Y., of the first part, and B. L. Ball and F. L. Smith, of Eau Clare, Wis., of the second part, by which Sweet & Co., were to furnish the iron, and machinery for a steam circular saw-mill. The engine of twelve inch bore, and twenty inch stroke, and two…
1Opinion of the CourtAllen, J.
Had the objection been distinctly taken upon the trial, that the contract of guaranty, never took effect as a binding obligation upon the defendant, it would have presented a serious question, going to the foundation of the action.
But, as this point was not taken as distinctly as it might have been at the trial, and it is claimed by the plaintiff, was not so taken, as to be made available upon this appeal; and as, in the view taken of other questions which were pointedly raised, it is not necessary to pass upon it, we refrain from deciding it. The judge at circuit charged, as matter of law,…
2Cases cited3 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Dobbin v. BradleyNew York Supreme Court · 1837
- Binsse v. . WoodNew York Court of Appeals · 1868
3Cited by22 opinions
- Paine v. . JonesNew York Court of Appeals · 1879
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Kingsbury v. . WestfallNew York Court of Appeals · 1875
- People v. . VogelgesangNew York Court of Appeals · 1917
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