Picker v. Fitzelle
Appellate Division of the Supreme Court of the State of New York
Appeal from city court of Yonkers. Action by Adolph Picker and others against Francis A. Fitzelle. From a judgment in plaintiffs’ favor, defendant appeals.
1Opinion of the CourtHirschberg, 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, 51 N. Y. Supp. 205. On the second trial the…
2Cases cited6 opinions
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
- McKecknie v. . WardNew York Court of Appeals · 1874
- Emery v. . BaltzNew York Court of Appeals · 1884
- Hunt v. . RobertsNew York Court of Appeals · 1871
- Challenge Corn-Planter Co. v. DielNew York Supreme Court · 1895
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