Legal Opinion

Kamber v. Rosen

Appellate Terms of the Supreme Court of New York

Decided February 27, 1906PublishedCited by 3 opinions

Appeal from Municipal Court, Borough of Manhattan, Fourth Dis- - trick Action by Bernard Kamber against Max Rosen and another. From a judgment for plaintiff, defendants appeal.

1Per curiam

We do not think that the guaranty ever became effective, because it was never accepted by plaintiff. The original guaranty was returned for the addition of a clause. Up to this time if certainly had not been accepted, and the guarantors had a right to recall it. This they unmistakably did. We do not consider that the minds of the parties ever met on the subject. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

2Cited by3 opinions

  1. American Woolen Co. v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 1913
  2. American Woolen Co. v. MoskowitzAppellate Terms of the Supreme Court of New York · 1913
  3. John A. Roebling's Sons Co. v. HuestisSuperior Court of Rhode Island · 1919