Legal Opinion
Silberstein v. Spigel
Appellate Terms of the Supreme Court of New York
Decided May 15, 1911Published
Appeal by the plaintiff from a judgment in favor of defendant, rendered in the Municipal 'Court of the city of Hew York, borough of Manhattan, first district, dismissing the complaint on the merits.
1Opinion of the CourtBijur, J.
This action was brought to recover upon the following guaranty in writing, signed by the defendants and addressed to the plaintiff:
“ I 'hereby guarantee the account of Hyman Borendes which shall be for all goods sold by Silberstein to Borendes for the amount of ($150.00) One Hundred and fifty dollars up to Hov. 19, 1910 this act. shall be settled every month.
“ (Signed) Hyman Spigel Brothers.”
As it appeared that plaintiff had not settled, the account every month, and that the amount due was a balance resulting from sales covering three months without any intermediate monthly settlement having…
2Cases cited3 opinions
- McKecknie v. . WardNew York Court of Appeals · 1874
- Eccleston v. SandsAppellate Division of the Supreme Court of the State of New York · 1905
- Marcus v. LiebovitzAppellate Terms of the Supreme Court of New York · 1908