"Debtor"), we, Henry Koe and Richard Koe, residing at No. 572 Broadway, Borough of Manhattan, New York City, HEREBY JOINTLY AND SEVERALLY GUARANTEE TO THE DOE COMPANY: 1. That the said Debtor will duly perform all contracts entered into between said Debtor and the Creditor for the purchase and sale of raw silk, and will pay the purchase price of all goods delivered under such contracts, or otherwise, as and when the same becomes due. 2. That, upon default of the Debtor (and, for the purpose of this agreement, the insolvency of the Debtor shall be deemed to be a default), they will promptly pay to the Creditor the amount for which the Debtor is, or may be, indebted and liable, upon all obligations existing at the time of the default, up. to but not exceeding fifty thousand ($50,000) dollars. 3. That the Creditor may, from time to time, extend the time for the performance of, or otherwise modify, any and all contracts made with said Debtor, and may extend the time of payment of the whole, or any part, of the indebtedness of said Debtor, and may receive and accept notes, bills, checks, and other instruments for the payment of money, made by the said Debtor, or any other person or persons, and extensions and renewals thereof, without in any wise changing, releasing or discharging us, or either of us, from our obligations hereunder. 4. That this agreement shall remain in full force, until the delivery to the said Creditor, at its place of business in New York City, of a notice in writing, signed by us, terminating the same; but this agreement shall apply to all sales made and contracts entered into, prior to the date on which said notice shall have been served as aforesaid. 5. That this agreement shall bind our heirs and personal representatives. IN WITNESS WHEREOF, we have hereunto set our hands and seals, this 5th day of January, 1923. In the presence of John Jones. Henry Koe (L.S.). No. 183. Continuing guaranty of performance of contract of employment.13 KNOW ALL MEN, that, in consideration of the sum of one ($1) dollar to us in hand paid, the receipt whereof is hereby acknowledged, and the execution by the Roe Corporation, a corporation duly organized under the laws of the State of New York, and having its principal office at No. 112 Broadway, Borough of Manhattan, New York City, of a contract of employment with John Doe, we, Henry Koe and Richard Koe, residing at No. 572 Broadway, Borough of Manhattan, New York City, do hereby guaranty the faithful performance by John Doe of said contract of employment and the prompt payment by said John Doe of any balance, which may be due to Roe Corporation, as shown by its books of account, at the termination of said contract from any cause, or at the expiration of the term of said contract; and we, also, hereby agree to indemnify the Roe Corporation against any and all costs, attorneys' fees, and other expenses, which may be incurred by it in collecting, or attempting to collect any such balance from the said John Doe; and we hereby waive all rights in respect of notice of any breach of said contract by the said John Doe, or of the non-payment of any such balance by the said John Doe; and we agree that any extension of time, change of territory, renewal, or modification, of said contract by the said Roe Corporation and the said John Doe shall not release, or discharge, us from any liabilities or obligations hereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals, this 5th day of January, 1923. In the presence of John Jones. Henry Koe (L.S.). 13 Adapted from M. M. Fenner Co. v. McKay (1918), 222 N. Y. 633, 118 N. E 1069. CHAPTER IX HUSBAND AND WIFE Section 1.-Agreements before Marriage. No. 184-Ante-nuptial agreement, whereunder intended wife will receive fixed sum, in lieu of dower, if she survives her intended husband. No. 185-Ante-nuptial agreement, whereunder intended wife will hold her own property free of curtesy and other claims. and will receive fixed sum in cash or securities, in lieu of dower, if she survives her intended husband. Section 2.-Agreements after Marriage. No. 186-Agreement of separation made with trustee, whereunder provisions are made for support of wife and child, and custody of child is given to wife, and husband is permitted to visit and receive visits of child at stated intervals. No. 187-Agreement of separation, whereunder provision is made for support of wife, and property is conveyed to trustee, in trust, to secure the performance of the agreement. No. 188-Agreement of separation made without intervention of trustee, whereunder provision is made for the support of wife, and husband agrees to bequeath wife a stated sum, if she survives him. No. 189-Agreement of separation, made after commencement of action for separation, whereunder provision is made for support of wife, and action is discontinued. No. 190-Agreement between husband and wife, relating to custody of children, made after decree of separation. No. 191-Agreement between husband and wife, whereunder husband agrees to appear in divorce action pending in for eign state, and provision is made for the custody of children, and each party agrees to execute a bond to insure performance of the agreement. SECTION 1.—AGREEMENTS BEFORE MARRIAGE. No. 184. Ante-nuptial agreement, whereunder intended wife will receive fixed sum, in lieu of dower, if she survives her intended husband.1 THIS AGREEMENT, made January 5, 1923, between John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Jane Roe, residing at No. 372 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WITNESSETH: WHEREAS, a marriage is contemplated between the parties hereto, and the First Party has fully informed the Second Party of his financial situation, including the amount of his assets, liabilities and net income; and WHEREAS, the parties hereto desire to make a fair and reasonable provision for the Second Party, in lieu of the rights, which, after the consummation of said marriage, the Second Party might, or could, have, as wife, or widow, or otherwise, in the real property which the first Party now has, or may hereafter own: Now, THEREFORE, IT IS HEREBY MUTUALLY AGREED, AS FOLLOWS: 1. That the Second Party shall receive and accept from the estate of the First Party, after his death, if she shall survive such First Party as his widow, the sum of five thousand ($5,000) dollars, in place and stead of all rights, which, as widow, the Second Party might otherwise have, either as dower in the real estate of the First Party, or as a distributive share of the personal property of the First Party, under any statutes now, or hereafter, in force and effect. 2. That the First Party, his heirs or assigns, shall hold free from any claim, or right, of dower, inchoate, or otherwise, on the part of the Second Party, all real property, which he may now, or hereafter, own; and that the Second Party will hereafter execute, or join as a party in, any instrument, which may be requested by the First Party, his heirs or assigns, for the purpose of divesting any claim of dower, inchoate, or otherwise, in said property. 1 Adapted from Logan v. Whitley (1910), 129 App. Div. 666, 114 N. Y. Supp. 3. That the First Party hereby agrees that the said sum of five thousand ($5,000) dollars shall be fully paid to the Second Party, if she shall survive him as his widow, as soon after his decease as may be practicable; and said sum, until paid, shall constitute a charge upon the entire estate, real or personal, of which the First Party may die seized or possessed. 4. That this agreement shall become effective, only in the event that the contemplated marriage between the parties hereto shall be solemnized. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. In the presence of No. 185. John Doe (L.S.). Ante-nuptial agreement, whereunder intended wife will hold her own property free of curtesy and other claims and will receive fixed sum in cash or securities, in lieu of dower, if she survives her intended husband." THIS AGREEMENT, made January 5, 1923, between John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Jane Roe, residing at No. 372 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WITNESSETH: WHEREAS, a marriage is about to be solemnized between the parties hereto; and WHEREAS, in anticipation of such marriage, the said parties desire, by an ante-nuptial agreement, to fix and determine the rights of each of them in any and all property of every nature and description and wheresoever located that the other of them may own, at the time of such marriage, or may acquire thereafter, and, particularly, to have the First Party agree to make and make, and the Second Party agree to accept and assent to, a pecuniary provision for the Second Party's benefit, in lieu and in bar of any and all right, or claim, of dower in and to any and all of the First Party's lands, tenements and hereditaments, and, also, in lieu and full discharge and satisfaction of any and all other right, title and Adapted from In re Vanderbilt's Estate (1919), 226 N. Y. 638, 123 N. E. 893. |