Tilden v. Tilden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George H. Tilden, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 18th day of May, 1895, upon a report of a referee. The judgment amended and corrected an agreement between the parties and awarded to the plaintiff the sum of $40,651.79 damages and costs.
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Appeal by the defendant, George H. Tilden, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 18th day of May, 1895, upon a report of a referee. The judgment amended and corrected an agreement between the parties and awarded to the plaintiff the sum of $40,651.79 damages and costs. The action was brought to recover $33,300 under two contracts in writing, designated A and B for convenience, made by and between the parties April 25, 1889, whereby the partnership which had existed between them since July, 1879, was…
1Opinion of the Court
Landon, J.:
The determination of the case depends upon the construction to be given to the third clause in Contract “ A,” namely :
“ III. Said Samuel J. Tilden, Jr., hereby assumea the payment of all debts owing by said firm, and all the liabilities of said firm, hereby expressly releasing said George IT. Tilden from the payment thereof, and saving him harmless therefrom.”
These parties entered into partner-ship in 1879, under the firm name of Tilden & Co., as the assignees and successors of then-father, Henry A. Tilden, who had carried on the business for ten years prior thereto, under the name…
2Cases cited3 opinions
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Bowman v. . Agricultural Insurance Co.New York Court of Appeals · 1875
3Cited by8 opinions
- McKee v. De WittAppellate Division of the Supreme Court of the State of New York · 1897
- Rodger v. Toilettes Co.Appellate Terms of the Supreme Court of New York · 1902
- Aronson v. WertheimAppellate Terms of the Supreme Court of New York · 1897
- Bird v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1899
- Rodger v. Toilettes Co.Appellate Terms of the Supreme Court of New York · 1902
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