Blumm v. Gilbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles Brumm and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Sew York on the Jth day of June, 1899, upon the decision of the court, rendered after a trial at the Mew York Special Term, sustaining the defendant’s demurrer to the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action, and dismissing the complaint upon the…
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Appeal by the plaintiffs, Charles Brumm and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Sew York on the Jth day of June, 1899, upon the decision of the court, rendered after a trial at the Mew York Special Term, sustaining the defendant’s demurrer to the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action, and dismissing the complaint upon the merits. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Willard Bartlett; J.:
The terms of the instrument upon which this action is brought are as follows:
“I guarantee the ‘Hew account’ of Hr. W. C. Gilbert, my husband, with Messrs. Abaye, Yison Bimar & Co., amounting to this date to one hundred and twenty thousand francs, representing the disbursements made by the firm of Abaye, Yison Bimar & Co. since the first day of January, one thousand eight hundred and ninety-one.
“ It is well understood :
“ 1. That all the profits obtained from Mr. Gilbert’s business from and after this day shall be applied to the discharge of this account.
“ 2. That, in case…
2Cases cited6 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Ackley v. . ParmenterNew York Court of Appeals · 1885
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Union National Bank v. LearyAppellate Division of the Supreme Court of the State of New York · 1902
- Targa International Corp. v. GrossNew York Supreme Court · 1982
- Marsh v. PerkinsNew York Supreme Court · 1928
- Shiya v. EricksonCity of New York Municipal Court · 1935
- Eno v. GidoneyAppellate Terms of the Supreme Court of New York · 1915
2 more not listed; retrieve them via the Exa API.