New York Court of Appeals
Frank W. Simson, Respondent v. Charles F. Brown, Appellant
January 30, 187768 N.Y. 355
Summary
The Court of Appeals reversed the lower court's judgment and ordered a new trial. It held that the plaintiff could not maintain an action on the bond and guaranty because there was no promise made to him as a third‑party beneficiary, and the bond had been extinguished by the original obligor's satisfaction instrument.