Picker v. Fitzelle
Appellate Division of the Supreme Court of the State of New York
Appeal , by the defendant, Francis A. Fitzelle, from a judgment of the City Court of Yonkers in favor of the plaintiffs, entered in the office of the clerk of said court on the 12th day of May, 1900, upon .the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 15th day of 'March, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
On the first trial of this action the court submitted to the jury the question whether the guaranty was a continuing one-. They found for the defendant, and the verdict was set aside. The order setting the verdict aside was affirmed in this court, and the guaranty declared to be a continuing one rendering the defendant liable in the sum of-$188.22 for a balance of any account for goods sold and delivered by the plaintiffs to Cornelius J. Fitzelle. The facts, are sufficiently recited in the opinion then delivered. (Picker v. Fitzelle, 28 App. Div. 519.)
On the second trial the…
2Cases cited3 opinions
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
- Challenge Corn-Planter Co. v. DielNew York Supreme Court · 1895
- Picker v. FitzelleAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Associated Food Stores, Inc. v. SiegelAppellate Division of the Supreme Court of the State of New York · 1960
- Vidi v. United Surety Co.Appellate Division of the Supreme Court of the State of New York · 1913
- 27th Street Associates v. LehrerAppellate Division of the Supreme Court of the State of New York · 2004
- United States Printing & Lithograph Co. v. PowersAppellate Division of the Supreme Court of the State of New York · 1923