Fritz v. Mouakad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elias Mouakad, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office, of the clerk of the county of Hew York on the 20th day of April, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of April, 1909, denying the defendant’s motion for a new tidal made upon the minutes.
1Dissent
Houghton, J. (dissenting):
I dissent. The defendant, was a guarantor for a commission paid by plaintiffs of specified accounts which they held against Garzouzi Brothers. Payments on such accounts were overdue. In a conversation had between the plaintiffs and the defendant guarantor respecting the pressing of such accounts for collection by plaintiffs, the defendant told ‘ the plaintiffs that they could use their own judgment as to what to do. The testimony is: “ And he told me (one of the plaintiffs) at that time, finally that I could use my own judgment as to whether to sue or whether not to…
2Cases cited3 opinions
- Ruthven Bros. v. ClarkeSupreme Court of Iowa · 1899
- Mitchell v. FinnellCalifornia Supreme Court · 1894
- Hurd v. MarpleAppellate Court of Illinois · 1882