Levy v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe plaintiff, Morris Levy, from an interlocutory judgment of tbe Supreme Court in favor of tbe defendants, entered in tbe office of tbe clerk of the county of New York on tbe 24th day of October, 1904, upon tbe decision of tbe court, rendered after a trial at the New York Special Term sustaining tbe defendants’ demurrer to tbe plaintiff’s complaint.
1Opinion of the Court
Patterson, J.:
Tbe defendants are guarantors of tbe performance of a contract whereby one Morris Margovitz agreed to complete for a religious corporation called “ Chebra Chai Odom Anshi Minsk,” all work on tbe bouse and synagogue of that corporation in Henry street, in the city of New York, according to plans and specifications made by an architect. Tbe guaranty of tbe defendants is in tbe following words: “ For and in consideration of the sum of One Dollar and other good and valuable consideration, we, the undersigned, members of the Congregation Chebra Chai Odom Anshi Minsk, hereby *197severally…
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