East River Bank v. Rogers
The Superior Court of New York City
Appeal by the defendant from a judgment rendered against him on a motion before Mr. Justice Woodruff therefor, made on account of the frivolousness of the answer. The complaint alleges that the defendant, on the 4th of February, 1860, made an agreement and guaranty, in writing, with the plaintiffs and sets forth a copy of it.
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Appeal by the defendant from a judgment rendered against him on a motion before Mr. Justice Woodruff therefor, made on account of the frivolousness of the answer. The complaint alleges that the defendant, on the 4th of February, 1860, made an agreement and guaranty, in writing, with the plaintiffs and sets forth a copy of it. This recites that the plaintiff is “ah incorporated institution, doing business in the city of New York,” and has* agreed to loan $1,000 to George K. Chase on the execution and delivery of the defendant’s guarantyto become answerable for the repayment thereof, with…
1Opinion of the Court
By the Court. Bosworth, Ch. J.
—The defendant promised, unconditionally, that if Chase failed to pay the loan, with interest, within sixty days from the date of the promise, he would pay it after thirty days’ notice of such default. A demand of the principal need not be made before bringing suit against the defendant. (Mann v. Eckford, 15 Wend. 508.) The answer does not deny that Chase failed to pay within the sixty days. (Douglass v. Howland, 24 Wend. 48 ; Whitney v. Groot, Id. 82 ; Smith v. Dann, 6 Hill, 543 ; Curtis v. Brown, 2 Barb. 51.)
The complaint alleges, and the answer, by not denying…
2Cases cited5 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Mann v. Eckford's ExecutorsNew York Supreme Court · 1836
- Union Mutual Insurance v. Osgood & AldenThe Superior Court of New York City · 1853
- La Farge v. HalseyThe Superior Court of New York City · 1857
- Curtis v. BrownNew York Supreme Court · 1847
3Cited by6 opinions
- Witherhead v. AllenNew York Court of Appeals · 1867
- Witherhead v. AllenNew York Court of Appeals · 1867
- Cass v. ShewmanNew York Supreme Court · 1891
- Joint Stock Co. of Volgakama Oil & Chemical Factory v. National City BankAppellate Division of the Supreme Court of the State of New York · 1924
- Atlantic & Pacific Telegraph Co. v. BarnesThe Superior Court of New York City · 1875
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