From Casetext: Smarter Legal Research

100 Parkway Road, Inc. v. Johns-Manville, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1939
258 App. Div. 736 (N.Y. App. Div. 1939)

Opinion

October 16, 1939.


In an action upon a contract of guaranty, tried upon stipulated facts, defendant appeals from a judgment rendered by the County Court of Westchester county in favor of the plaintiff. Judgment reversed on the law and complaint dismissed, without costs, but with printing disbursements to the appellant. The obligation of the defendant under the contract of guaranty is strictissimi juris. The stipulated facts show such an alteration and change in the subject-matter of the "Maintenance Agreement," performance of the terms of which by the principal obligor was guaranteed by the defendant, as in law discharged the defendant from its obligations. Further, upon the stipulated facts, recovery for the breach of the maintenance agreement could not have been had by the plaintiff against the principal obligor. As the defendant's obligation as surety is secondary, no recovery against it may be had. Lazansky, P.J., Johnston, Adel and Taylor, JJ., concur; Carswell, J., concurs in result.


Summaries of

100 Parkway Road, Inc. v. Johns-Manville, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1939
258 App. Div. 736 (N.Y. App. Div. 1939)
Case details for

100 Parkway Road, Inc. v. Johns-Manville, Inc.

Case Details

Full title:100 PARKWAY ROAD, INC., Respondent, v. JOHNS-MANVILLE, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 16, 1939

Citations

258 App. Div. 736 (N.Y. App. Div. 1939)

Citing Cases

Trade Bank Trust v. Goldberg

Even if the letter admitted of some doubt as to whether a guarantee in excess of that provided for was…

Cinerama, Inc. v. Sweet Music, S.A.

In its opposing papers, Cinerama fails to take cognizance of the distinction between the terms of the loan…