Keller v. N.J. Fidelity, Etc., Ins. Co.

Opinion by

Mr. Justice Simpson,

Plaintiffs sued upon a contract of guaranty; the trial judge gave binding instructions for defendant; the court in banc granted a new trial, from which order defendant appeals. The order is right.

In June, 1927, the American Academy of Astrology, Inc., desired to contract with plaintiffs for the furnishing of labor and materials in a large amount, and gave to plaintiffs a note for $10,000, dated April 23, 1927, payable eight months after date, secured by two documents, bearing the same date, and which were delivered to plaintiffs at the same time. One was a paper…