Beers v. . Shannon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Beported below, 12 Hun, 161.) This action was upon a bond.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Beported below, 12 Hun, 161.) This action was upon a bond. The court found that plaintiff was entitled to recover the penalty of the bond with interest from December 24, 1854, as damages for the nonperformance of the covenant, amounting to $1,216-43. Plaintiff remitted the surplus over the sum claimed in the complaint, to wit, $1,000, and judgment was entered for that amount, with costs. The…
1Opinion of the CourtFolger, J.
This is an action upon a bond,dated 24th December, 1853, in a penalty of $500. It was executed by Robert L. Shannon as principal obligor, and by the defendant here as his surety, to Johu Beers, who died in the State of Pennsylvania, domiciled there after the giving of the bond and before the commencement of this action,' leaving a last will and testament. The bond had a condition, reciting-the conveyance by the principal obligor to Beers of a piece of land, and the payment of the consideration money, and the existence of a mortgage upon it and other lands, and the agreement of the principal…
2Cases cited5 opinions
- Brainard v. . JonesNew York Court of Appeals · 1858
- Lyon v. . ClarkNew York Court of Appeals · 1853
- Dole v. MoultonNew York Supreme Court · 1801
- Kohler v. KnappNew York Surrogate's Court · 1850
- Farnham v. MalloryNew York Court of Appeals · 1867
3Cited by65 opinions
- Buck v. BeachSupreme Court of the United States · 1907
- Dunlap v. SoutherlinTexas Supreme Court · 1885
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Levin v. Tiber Holding Corp.Court of Appeals for the Second Circuit · 2002
- People, Ex Rel. Jefferson v. . SmithNew York Court of Appeals · 1882
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