Mackay v. Treat

Dowling, J.:

This action is brought to recover the sum of $9,818.41 upon a guaranty given by defendant of the account of the Beaver Tile, Inc., with the plaintiffs. The complaint was served August 21, 1924, and an amended answer was served on October 10, 1924. The action was noticed for trial for the November, 1924, term and a note of issue filed.

The amended answer admits that the defendant signed the instrument dated September 5, 1923, which the plaintiffs allege as a guaranty, and denies the allegations of the complaint which recited that the plaintiffs sold merchandise to the Beaver Tile,…