Goldstein v. Leibowitz
Appellate Terms of the Supreme Court of New York
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
- Britton v. MarksAppellate Division of the Supreme Court of the State of New York · 1905
- Britton v. MarksAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Anselwitz v. GreensteinAppellate Terms of the Supreme Court of New York · 1917