Knit Goods Exchange, Inc. v. Kresoff
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, rendered in favor of the plaintiff.
1Opinion of the CourtWeeks, J.
This action was brought to recover the sum of $300 upon a written guaranty.
The case was tried upon an agreed statement of facts, from which it appears that the defendant gave to plaintiff the guaranty in question to secure payment for merchandise sold to defendant’s brother; that plaintiff thereafter sold goods upon which defendant became liable to the extent of the guaranty; that thereafter defendant gave to his brother a note for $324.81 *158upon the agreement that it would replace the guaranty but that plaintiff had no knowledge of this understanding; that when the note became due the…
2Cases cited7 opinions
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Beach v. EndressNew York Supreme Court · 1868
- Dawson v. BeallSupreme Court of Georgia · 1882
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3Cited by2 opinions
- Radist v. ZidelAppellate Division of the Supreme Court of the State of New York · 1960
- Consolidated Mutual Insurance v. RogersNew York Supreme Court · 1972