Deering Milliken, Inc. v. Georgette Juniors, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- N. E. D. Holding Co. v. McKinleyNew York Court of Appeals · 1927
- W. Irving Herskovits Fur Co. v. HollanderNew York Supreme Court · 1930
- W. Irving Herskovits Fur Co. Inc. v. HollanderNew York Court of Appeals · 1931
- W. Irving Herskovits Fur Co. v. HollanderAppellate Division of the Supreme Court of the State of New York · 1931
3Cited by5 opinions
- Gazza v. United California Bank InternationalAppellate Division of the Supreme Court of the State of New York · 1982
- Cognetta v. Valencia Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Lone Star Industries, Inc. v. Nelstad Material Corp.District Court, S.D. New York · 1993
- Cities Service Company v. Gardinier, Inc.Superior Court of Delaware · 1975
- State Bank of Graymont v. Rich (In Re Rich)United States Bankruptcy Court, C.D. Illinois · 1996