American Woolen Co. v. Moskowitz
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, American Woolen Company of New York, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of March, 1913, reversing a judgment of the City Court of the City of New York in plaintiff’s favor and an order which denied defendants’ motion for a new trial.
1Opinion of the Court
Laughlin, J.:
The recovery in the City Court was upon a written guaranty in the form of. a letter from the defendants to the *383plaintiff under date of March 4, 1907, the body of which is as follows: “We agree to guarantee the account of 17. Mittelman & Co. of 725 Broadway, 17. T. Oity, for the sum of §1000.00 for one year from date.” The answer put in issue the allegations of the complaint with respect to the execution of the guaranty and the sale and delivery of goods in reliance thereon, and for a separate defense alleged that the guaranty was not in writing.
The plaintiff showed that the firm…
2Cases cited2 opinions
- Winne v. MehrbachAppellate Division of the Supreme Court of the State of New York · 1909
- Kamber v. RosenAppellate Terms of the Supreme Court of New York · 1906
3Cited by11 opinions
- Davenport v. StrattonCalifornia Supreme Court · 1944
- Bryant v. Food MacH. & Chem. Corp. Niagara Chem. Div.District Court of Appeal of Florida · 1961
- Weil v. Free State Oil Co. of Md.Court of Appeals of Maryland · 1952
- Union Carbide Corporation, a Corporation v. Sidney KatzCourt of Appeals for the Seventh Circuit · 1973
- Valashinas v. KoniutoAppellate Division of the Supreme Court of the State of New York · 1953
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