New Dorp Coal Corp. v. Frankel

Appellate Division of the Supreme Court of New York

New Dorp Coal Corp. v. Frankel

257 A.D. 974, 13 N.Y.S.2d 89, 1939 N.Y. App. Div. LEXIS 8750

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

DecidedJune 12, 1939

StatusPublished

This text of 257 A.D. 974 (New Dorp Coal Corp. v. Frankel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New Dorp Coal Corp. v. Frankel, 257 A.D. 974, 13 N.Y.S.2d 89, 1939 N.Y. App. Div. LEXIS 8750 (N.Y. Ct. App. 1939).

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Opinion

Order granting plaintiff's motion for summary judgment and judgment entered thereon, and order on reargument adhering to the original decision, modified by striking out the provisions for the amounts for which judgment is directed against the appellants and for the issuance of execution thereon, and substituting in lieu thereof a provision for judgment in favor of the plaintiff and against each of the appellants in the sum of $5,000, with interest thereon computed from the date of the commencement of the action, together with costs and disbursements, and for the issuance of execution thereon; and, as so modified, the orders and judgment are unanimously affirmed, without costs. Under the contract of guaranty the liability of each appellant was limited to $5,000. After the default upon the bonds, their obligation to pay accrued upon plaintiff’s demand that they make payment of this sum pursuant to the guaranty. On this record it does not appear that any such demand was made upon appellants under their guaranty until the commencement of this action. On the contrary, it appears that the only demands which were made were upon the U. H, O. Holding Corporation and its officers to make the overdue payments on the corporation’s bonds. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur. Settle order on notice.

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Order granting plaintiff's motion for summary judgment and judgment entered thereon, and order on reargument adhering to the original decision, modified by striking out the provisions for the amounts for which judgment is directed against the appellants and for the issuance of execution thereon, and substituting in lieu thereof a provision for judgment in favor of the plaintiff and against each of the appellants in the sum of $5,000, with interest thereon computed from the date of the commencement of the action, together with costs and disbursements, and for the issuance of execution thereon; and, as so modified, the orders and judgment are unanimously affirmed, without costs. Under the contract of guaranty the liability of each appellant was limited to $5,000. After the default upon the bonds, their obligation to pay accrued upon plaintiff’s demand that they make payment of this sum pursuant to the guaranty. On this record it does not appear that any such demand was made upon appellants under their guaranty until the commencement of this action. On the contrary, it appears that the only demands which were made were upon the U. H, O. Holding Corporation and its officers to make the overdue payments on the corporation’s bonds. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur. Settle order on notice.

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Bluebook (online)

257 A.D. 974, 13 N.Y.S.2d 89, 1939 N.Y. App. Div. LEXIS 8750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-dorp-coal-corp-v-frankel-nyappdiv-1939.