Link v. O-So-White, Inc.

This complaint is upon a guaranty by the defendant of certain unpaid debts of other persons, and, while there is no allegation therein that the document or some *748note or memorandum thereof was in writing, and otherwise, as required by subdivision 2 of section 31 of the Personal Property Law, such allegations are not essential in the complaint. (Stover v. Gamewell Fire Alarm Telegraph Co., 164 App. Div. 155.) The defendant’s contention is that the plaintiff’s plea that the assignor of plaintiff “ fully performed all of the provisions of said agreement on its part ” is an insufficient plea of…