Short v. Sinai

OPINION

By the Court,

Ducker, J.:

This is an action whereby plaintiff seeks to recover against Charles Sinai, as principal, and L. Devincenzi, as surety, upon an alleged undertaking of Sinai and Devincenzi to protect the plaintiff against a certain partnership debt owed by him and Sinai as partners. The opening brief of plaintiff contains a concise statement of the facts as shown by the pleadings, which, for convenience, we will adopt, with such changes as may be necessary.

It appears from the complaint that on or about the 15th day of February, 1922, the plaintiff, Charles Short, and the…