Meyer v. Kahnweiler
Appellate Division of the Supreme Court of the State of New York
Cross appeals from judgments of the Municipal Court of the city of New York, borough of Manhattan, second district.
1Concurrence
Bijur, J. (concurring in part).
I concur as to the second cause of action because whatever error may *190have been committed as to a part of the claim amounting to twelve dollars is cured by the verdict of the jury which excluded from its award that amount.
As to the first cause of action, however, I dissent from the view of my colleagues. The learned judge below has held, that plaintiffs, a copartnership, cannot recover on a guaranty addressed to an individual who happens to be one of the members of the firm. This ruling he bases on Barns v. Barrow, 61 N. Y. 39, which in turn cites a decision of…
2Cases cited7 opinions
- Matter of CaseNew York Court of Appeals · 1915
- Barns v. . BarrowNew York Court of Appeals · 1874
- Beakes v. . DacunhaNew York Court of Appeals · 1891
- J. P. Duffy Co. v. TodebushAppellate Division of the Supreme Court of the State of New York · 1913
- J. P. Duffy Co. v. TodebushNew York Court of Appeals · 1915
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