Newburger v. Lubell

This appeal is by Samuel L. Lubell from a judgment entered against him upon a general verdict directed by the court in plaintiffs’ favor, notwithstanding a special verdict by the jury for appellant on a question of fact submitted to it.

In 1929 Jacob J. Lubell had a brokerage account with plaintiffs’ firm. Abraham Lubell and Samuel Lubell, on October 25, 1929, and November 13, 1929, respectively, guaranteed the account of their brother Jacob by separate instruments. Concededly, on the latter date Abraham and Samuel became cosureties of Jacob’s account. In 1930 a deficit arose, and Jacob’s…