American Woolen Co. v. Moskowitz
Appellate Terms of the Supreme Court of New York
Appeal from City Court' of New York, Trial Term. Action by the American Woolen Company of New - York against Harry Moskowitz and another. From a judgment for plaintiff and an order denying defendants’ motion for a new trial, defendants- áppeal. Reversed, and judgment directed for defendants. .
1Opinion of the CourtBijur, J.
The question presented by this appeal is whether a guaranty, signed by defendant, plaintiff’s Exhibit A, dated March 4, 1907, and on that day transmitted to plaintiff, was accepted by it, or whether it was impliedly rejected by plaintiff’s act in forwarding on the following day to defendants a letter reading, “We are inclosing a form of guaranty which kindly sign and witness by a notary and return to us.” The form inclosed was rather elaborate, being some 20 or 30 times longer than the original guaranty and contained additional provisions. Defendants did not execute this paper. Plaintiff’s…
2Cases cited2 opinions
- Sidney Glass Works v. A. S. Barnes & Co.New York Supreme Court · 1895
- Kamber v. RosenAppellate Terms of the Supreme Court of New York · 1906