Legal Opinion

Finkelstein v. Kessler

Appellate Terms of the Supreme Court of New York

Decided June 22, 1903PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Eigh'th District. Action by Louis Finkelstein against Samuel Kessler. From a judgment for plaintiff, defendant appeals. Reversed.

1Per curiam

The judgment herein must be reversed. The written guaranty given by the defendant to the plaintiff, in which *267he became responsible for goods subsequently sold by plaintiff to one Abelsohn, did not need to express consideration. Chapter 464, p. 802, Laws 1863; Evansville Nat. Bank v. Kaufman, 93 N. Y. 273, 45 Am. Rep. 204; Everson v. Gere, 122 N. Y. 293, 25 N. E. 492.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.

2Cases cited3 opinions

  1. Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
  2. Jex v. . StrausNew York Court of Appeals · 1890
  3. Everson v. . GereNew York Court of Appeals · 1890

3Cited by1 opinion

  1. Ruzicka v. HotovyNebraska Supreme Court · 1904