Bennett v. . Draper
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1891, which affirmed a judgment, in favor of defendant entered upon a decision of the court on. trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1891, which affirmed a judgment, in favor of defendant entered upon a decision of the court on. trial at Special Term. This action was brought upon a bond, of which the following is a copy: “Know all men by these presents: That we John H. Draper and George T. Kellock composing the firm of John H. Draper & Company of the City of New York, as principals, and Frances S. Draper of the same place, widow as surety, are held and firmly bound unto H. C. Bennett &…
1Opinion of the CourtO’Brien, J.
The question in this case arises upon a demurrer hy the defendant, Mrs. Draper, to the plaintiffs’ complaint in an action against her, as surety, upon a written guaranty, in the form of a bond with a penalty. The instrument was given by one mercantile firm to another to secure the payment of indebtedness and advances, the obligor firm being John H. Draper & Co., composed of the defendant Kellack, who has been sued as survivor, the other partner, John H. Draper, having died in July, 1890. The defendant who demurs was not, it seems, a member of the firm, but signed the obligation as surety. The…
2Cases cited5 opinions
- Gates v. . McKeeNew York Court of Appeals · 1855
- Barlow v. . MyersNew York Court of Appeals · 1876
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- Continental Insurance v. Ætna Insurance Co. of HartfordNew York Court of Appeals · 1893
- Bennett v. DraperNew York Supreme Court · 1891
3Cited by15 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Mertz v. Guaranty Trust Co.New York Court of Appeals · 1928
- Richardson v. . County of SteubenNew York Court of Appeals · 1919
- Gumz v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1932
- Coan v. PatridgeNew York Supreme Court · 1906
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