Legal Opinion

Federal Sign System v. Berger

Appellate Terms of the Supreme Court of New York

Decided November 19, 1914PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Federal Sign System against Joseph Berger. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtBijur, J.

[1] Plaintiff sued defendant as guarantor on a written “lease” made by one Goldberg with the plaintiff for the use' of an electric sign. The agreement recites that it is made between plaintiff and said Goldberg, and it is signed, “U. H. Goldberg, Lessee, Sole Owner.” Between the words “Goldberg” and “Sole Owner” appears defendant’s signature. If the agreement in that form is not to be construed, on its face, as meaning that defendant is either a party or a guarantor, then his signature creates an ambiguity, and parol testi*937mony was properly admitted to explain the capacity in which defendant…

2Cases cited1 opinion

  1. Esselstyn v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by1 opinion

  1. Brush v. Wells Fargo Bank, N.A.District Court, S.D. Texas · 2012

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