Bossert v. Striker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Louis Bossert and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 5th day of October, 19.09, upon the dismissal of the complaint by direction of the court' at the close of plaintiffs’ case on a trial at the Kings County Trial Term. This action is brought to charge the defendant as guarantor with a balance due for certain building- material.
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Appeal by the plaintiffs, Louis Bossert and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 5th day of October, 19.09, upon the dismissal of the complaint by direction of the court' at the close of plaintiffs’ case on a trial at the Kings County Trial Term. This action is brought to charge the defendant as guarantor with a balance due for certain building- material. It appears that the defendant subscribed the following paper: “ Mr. George W. Striker, Executor Estate of C. W. Smith: “ Please pay to the…
1Opinion of the Court
Jenks, J. :
We think that the “second guarantee” may be regarded as an order upon the plaintiffs to furnish materials of the kind required by the contract of Winberg, but to be delivered in the name, i. e., to the estate of Charles W. Smith. Payment is promised, not only for the materials furnished, but for those to be furnished, and payment is guaranteed as before, i. e., as the work progresses. It is ‘true that the plaintiffs plead on a guarantee, but we may gather *8from the complaint that the materials were to be' delivered at certain specified buildings (which it appears were the property…
2Cases cited2 opinions
- New v. . NicollNew York Court of Appeals · 1878
- Ward v. . HasbrouckNew York Court of Appeals · 1902
3Cited by1 opinion
- Laun-Dry-Ette Sales Co. v. FieldingCity of New York Municipal Court · 1922