J. P. Duffy Co. v. Todebush
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, August Todebush, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of February, 1913, resettling a prior order entered in said clerk’s office on the 6th day of February, 1913, reversing a judgment of the City Court of the City of New York in plaintiff’s favor, unless the plaintiff stipulated to reduce the said judgment to $2,000, in which case…
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Appeal by the defendant, August Todebush, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of February, 1913, resettling a prior order entered in said clerk’s office on the 6th day of February, 1913, reversing a judgment of the City Court of the City of New York in plaintiff’s favor, unless the plaintiff stipulated to reduce the said judgment to $2,000, in which case judgment was affirmed.
1Opinion of the Court
Scott, J.:
The action is upon a written guaranty, reading as follows:
*689“ J. P. Duffy Company, June 7,1911.
“ 51st St., 2nd Ay.,
“ Brooklyn, N. Y.:
“ Gentlemen.—Your firm having taken an order from A. W. Todebush & Co. for the delivery of brick, lime, plaster, etc., to them buildings on the west side Sixth Av. between 73rd and 74th Streets, I hereby agree to be responsible for the payment of your bills for material delivered to this job and if A. W. Todebush & Co. do not pay you for same within sixty days after the delivery of material, I will pay same myself as a primary obligee.
“(Signed) AUG.…
2Cases cited4 opinions
- Barns v. . BarrowNew York Court of Appeals · 1874
- Beakes v. . DacunhaNew York Court of Appeals · 1891
- Grant v. NaylorSupreme Court of the United States · 1808
- Gamble v. CuneoAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Seattle-First National Bank v. HawkCourt of Appeals of Washington · 1977
- J. P. Duffy Co. v. TodebushNew York Court of Appeals · 1915
- J. P. Duffy Co. v. TodebushAppellate Division of the Supreme Court of the State of New York · 1913
- J. P. Duffy Co. v. TodebushAppellate Division of the Supreme Court of the State of New York · 1916
- Meyer v. KahnweilerAppellate Division of the Supreme Court of the State of New York · 1917