Legal Opinion
Picker v. Fitzelle
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1898PublishedCited by 2 opinions
Appeal by the defendant, Francis A. Fitzelle, from an order of the City Court of .Yonkers, entered in the office of the clerk of said court on the 8th day of December, 1897, setting aside the verdict of a jury rendered in favor of the defendant and granting the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This action was brought on the following guaranty:
“ In consideration of One dollar, and other good and sufficient consideration to me in hand paid, at and before the execution and sealing of this instrument, the receipt whereof is hereby acknowledged, I, Francis A. Fitzelle, of 26 Forth Broadway, Yonkers, F. Y., .do hereby become bound to Picker Bros., of 26 Warburton avenue, said Yonkers, and agree to pay to them for all such goods and *520personal property that the said Picker Bros, may hereafter sell and deliver to Cornelius J. Fitzelle, of said Yonkers, but not exceeding on the…
2Cases cited4 opinions
- Gates v. . McKeeNew York Court of Appeals · 1855
- Brackenridge v. BaltzellIndiana Supreme Court · 1849
- Edall v. New England RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Tunbridge v. ReadNew York Court of Appeals · 1888
3Cited by2 opinions
- Picker v. FitzelleAppellate Division of the Supreme Court of the State of New York · 1901
- Picker v. FitzelleAppellate Division of the Supreme Court of the State of New York · 1901