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Celmer v. Feinborough Homes, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1938
253 App. Div. 832 (N.Y. App. Div. 1938)

Opinion

January 21, 1938.

Present — Hagarty, Carswell, Davis, Adel and Close, JJ.


In an action on a bond, judgment in favor of the plaintiffs unanimously affirmed, with costs. On September 9, 1932, when the general release was given, there had been no default under the bond or mortgage. Consequently, the plaintiffs had at that time no right of action against the defendant on the bond. The right of action which arose subsequently was not discharged by the release. ( Farnham v. Farnham, 204 App. Div. 573.)


Summaries of

Celmer v. Feinborough Homes, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1938
253 App. Div. 832 (N.Y. App. Div. 1938)
Case details for

Celmer v. Feinborough Homes, Inc.

Case Details

Full title:STANLEY CELMER and JOHN CELMER, Copartners, Doing Business as S. CELMER…

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

Date published: Jan 21, 1938

Citations

253 App. Div. 832 (N.Y. App. Div. 1938)

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