Schwartz v. . Hyman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Gourt, in the first judicial department, entered upon an order made May 29, 1885, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the material facts are stated in the opinion.' , The instrument in question was a continuing guaranty. (Agawam Bk. v. Stern, 18 N. Y. 510, 511; City Nat. Bk. v. Sherill, Hill and Denio, Supp. 219; Merchant's Nat.
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Appeal from judgment of the General Term of the Supreme Gourt, in the first judicial department, entered upon an order made May 29, 1885, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the material facts are stated in the opinion.' , The instrument in question was a continuing guaranty. (Agawam Bk. v. Stern, 18 N. Y. 510, 511; City Nat. Bk. v. Sherill, Hill and Denio, Supp. 219; Merchant's Nat. Bank of Whitehall v. Hall, 83 N. Y. 343, 344; Toothe v. Elgutter, 45, Am. R, 103; Gates v. Johnson, 24 N. Y. 64; Scott v.…
1Opinion of the CourtEarl, J.
The action was brought upon the following guaranty:
“ Des Moines, Feb. 15, 1879.
‘ Messrs. Swartz & Jerowski :
“ Gentlemen and Friends.— This will inform you that the co-partnership between Weinstock & Posner will be dissolved by the 1st of March, 1879. You will be kind enough to send Jacob Posner a full line of samples, of course suitable for spring and summer, at the lowest figures. And I will guarantee the payment of any goods you may sell him. Hoping you will comply with my request and attend to it at once yon wil1 obliSe
“Your friend,
“JOSEPH HYMAN,
“ Of the firm of Goldman dk Hyman.”’
The…
2Cases cited1 opinion
- Rindge v. . JudsonNew York Court of Appeals · 1861
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- L. Littlejohn & Co. v. HandyMassachusetts Supreme Judicial Court · 1923
- Heaton v. State Nat. BankCourt of Appeals of Texas · 1913
- Hutchinson v. RootAppellate Division of the Supreme Court of the State of New York · 1896
- Henry McShane Co. v. PadianNew York Court of Common Pleas · 1892
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