Goldsmith v. Tolk
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rebecca I. Goldsmith,: from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of February, 1910, upon the decision of the court, rendered after a trial at the New York Special- Term, sustaining the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Dowling, J.:
The plaintiff brings action for the specific performance of a verbal agreement upon the part of the defendant to become a *288guarantor or surety upon a lease made to a third party. Plaintiff sets forth that on or about the 22d day of January, 1909, plaintiff and defendant entered into an agreement in writing whereby the plaintiff leased to the defendant' certain premises in the city of New York for a term Of five years and two months from March 1, 1909, at an annual rental payable in advance, in monthly installments; that thereafter and about May 1, 1909, it was agreed, at the…
2Cited by2 opinions
- Wygod v. Makewell Hats, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- Stone v. 434 Broadway Realty Corp.New York Supreme Court · 1920