Crist v. Burlingame
New York Supreme Court
APPEAL from a judgment, entered upon the report of Hon. ¥m. J. Bacon, sole referee. The action was brought to recover against the defendant,. upon the written agreement or guaranty of the defendant, of which the following is a copy: “ Dunkirk, August 26th, 1859. John Crist, Esq: Dear Sir:—I will be and am responsible for any amount for which A. Burlingame may draw on you, for any sum not to exceed $1500, on condition of your acceptance of the same.
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APPEAL from a judgment, entered upon the report of Hon. ¥m. J. Bacon, sole referee. The action was brought to recover against the defendant,. upon the written agreement or guaranty of the defendant, of which the following is a copy: “ Dunkirk, August 26th, 1859. John Crist, Esq: Dear Sir:—I will be and am responsible for any amount for which A. Burlingame may draw on you, for any sum not to exceed $1500, on condition of your acceptance of the same. Yours truly, B. W, Burlingame.” The referee found and reported the following facts : On or about the 26th day of August, 1859, the plaintiff made,…
1Opinion of the Court
By the Court,
Mullin, J.
I have examined a great number of cases in the English as well as American reports, in which the construction of guaranties has been involved, hoping to deduce from them some principle which would enable us to decide the case at bar, without adding another to the multitude of cases which rest on their own facts, and are supported only by the adjudications in the cases themselves. I very much doubt whether it is possible to arrive at any principle which can be followed, except in now and then a case, for the reason that so much must always depend on the language of the…
2Cases cited10 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Lawrence v. McCalmontSupreme Court of the United States · 1844
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
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3Cited by18 opinions
- Shreffler v. NadelhofferIllinois Supreme Court · 1890
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- First National Bank of Redlands v. BowersCalifornia Supreme Court · 1903
- Powers v. . ClarkeNew York Court of Appeals · 1891
- Gamble v. CuneoAppellate Division of the Supreme Court of the State of New York · 1897
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