Legal Opinion
Kahn v. Eisenberg
Appellate Terms of the Supreme Court of New York
Decided February 27, 1906PublishedCited by 1 opinion
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Bertha Kahn against Nettie Eisenberg and others. From a judgment in favor of plaintiff, defendants appeal.
1Per curiam
The instrument sued upon guarantied, in the event the notes in question were not paid when due, that the defendants would “jointly and severally pay the said notes and any expenses involved in the collection of this claim.” This was clearly a guaranty of payment, and not of collection. There was ample evidence to sustain the conclusion reached by the trial justice, and we find no reversible errors in the rulings made.
Judgments affirmed, with costs.
2Cited by1 opinion
- Kasten v. G. A. Zuehlke Mortgage Loan Co.Wisconsin Supreme Court · 1934