U.S. Court of Appeals for the Second Circuit, 1956

Glassine Paper Co. v. Shannon

U.S. Court of Appeals for the Second Circuit · Decided November 2, 1956 · Clark, Hand, Swan

238 F.2d 765 (Federal Reporter, Second Series)

Counsel

Spencer Pinkham, New York City (Col-ton & Pinkham, New York City, on the brief), for plaintiff-appellee., Jacob Freed Adelman, New York City (Walsh & Levine and William F. Walsh, New York City, on the brief), for defendant-appellant.

Cases that cite this one

3 later published cases cite this decision.

Faudree v. Iron City Sand & Gravel Co. (District Court, W.D. Pennsylvania 1962)
Levin v. Trans World Airlines, Inc. (District Court, W.D. Pennsylvania 1962)
The Glassine Paper Company v. A. Vernon Shannon (2d Cir. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The only claim of error meriting any ■comment is that the judgment for plaintiff upon defendant’s written guaranty •of payment for shipment of merchandise to a named purchaser cannot stand be•cause the guaranty was addressed only to the corporation of which plaintiff was a wholly owned subsidiary. But the findings made upon adequate evidence are explicit that defendant intended his guaranty to cover plaintiff’s shipments also. Recovery upon breach therefore follows under New York law in this action originally brought in the New York Supreme Court and removed to the court below because of the diverse citizenship of the parties. Beakes v. Da Cunha, 126 N.Y. 293, 296, 27 N.E. 251.

Affirmed.

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