Legal Opinion

Deering Milliken, Inc. v. Georgette Juniors, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1962PublishedCited by 5 opinions

1Opinion of the CourtSteuer, J.

Plaintiff sues the corporate defendant for goods sold and delivered and the individual defendant upon a guarantee to pay any indebtedness arising from the transaction between the parties. We are here concerned only with the action as against the individual.

The instrument of guarantee is a printed form admittedly signed by the individual defendant and delivered by him to plaintiff with a covering letter in which he describes the instrument as his “ personal guarantee ”. The document contained a provision that the guarantee was effective ‘1 up to $-’ ’, and was executed without filling in any…

2Cases cited4 opinions

  1. N. E. D. Holding Co. v. McKinleyNew York Court of Appeals · 1927
  2. W. Irving Herskovits Fur Co. v. HollanderNew York Supreme Court · 1930
  3. W. Irving Herskovits Fur Co. Inc. v. HollanderNew York Court of Appeals · 1931
  4. W. Irving Herskovits Fur Co. v. HollanderAppellate Division of the Supreme Court of the State of New York · 1931

3Cited by5 opinions

  1. Gazza v. United California Bank InternationalAppellate Division of the Supreme Court of the State of New York · 1982
  2. Cognetta v. Valencia Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Lone Star Industries, Inc. v. Nelstad Material Corp.District Court, S.D. New York · 1993
  4. Cities Service Company v. Gardinier, Inc.Superior Court of Delaware · 1975
  5. State Bank of Graymont v. Rich (In Re Rich)United States Bankruptcy Court, C.D. Illinois · 1996

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