Legal Opinion

Goldstein v. Leibowitz

Appellate Terms of the Supreme Court of New York

Decided March 13, 1916PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Second Dis- ■ trict. Action by Henry' Goldstein, Morris Goldstein, and Max Moskowitz, copartners trading as H. Goldstein & Bros., against Louis Leibowitz and David J. Leibowitz, copartners trading as L. Leibowitz & Co. From a judgment for plaintiffs, defendants appeal. Reversed and remanded.

1Opinion of the CourtLehman, J.

The defendants on December 30, 1913, signed the following guaranty:

“In consideration of one dollar ($1.00) we, L. Leibowitz & Company, guarantee the account of Leibowitz & Solomon for the amount of fifty dollars; if they will not pay, we will pay for same.”

The plaintiffs have recovered a judgment for $50 for goods sold after the making of the guaranty.

[ 1 ] At the trial only an issue of law was presented, viz.: Should the guaranty be construed as a continuing guaranty, or should it be restricted to cover only the account as it existed when the guaranty was signed. The trial justice held that…

2Cases cited2 opinions

  1. Britton v. MarksAppellate Division of the Supreme Court of the State of New York · 1905
  2. Britton v. MarksAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Anselwitz v. GreensteinAppellate Terms of the Supreme Court of New York · 1917

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