Legal Opinion

Claim of the First Citizens Bank & Trust Co. v. Estate of Sherman

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 1937PublishedCited by 25 opinions

1Opinion of the CourtEdgcomb, J.

The First Citizens Bank and Trust Company of Utica, successor by merger to the Utica Trust and Deposit Company, has been allowed a claim against the estate of Sanford F. Sherman, deceased, in the sum of $73,017.72, and interest. Upon this appeal the executors question the correctness of the decision in so far as it relates to an item of $41,367.72 founded upon a contract of guaranty signed by the decedent.

Mr. Sherman died on the 29th day of August, 1930. On April 11, 1921, he guaranteed to the Utica Trust and Deposit Company “ the prompt and punctual payment ” at maturity of the notes of his…

2Cases cited10 opinions

  1. Magee v. Manhattan Life InsuranceSupreme Court of the United States · 1876
  2. Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
  3. Taylor v. . GuestNew York Court of Appeals · 1874
  4. Barns v. . BarrowNew York Court of Appeals · 1874
  5. Griggs v. MoorsMassachusetts Supreme Judicial Court · 1897

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3Cited by25 opinions

  1. Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
  2. Rachman Bag Company, a Partnership Composed of Plains Bag and Bagging Co., Inc., and Rachman Bag Co., Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1995
  3. Continental Bank, N.A. v. Robinson O. EverettCourt of Appeals for the Seventh Circuit · 1992
  4. Sumitomo Bank of Cal. v. IwasakiCalifornia Supreme Court · 1968
  5. Gerstle v. Gamble-Skogmo, Inc.District Court, E.D. New York · 1969

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