Legal Opinion

Resnick v. Keystone Sportswear Co.

City of New York Municipal Court

Decided March 26, 1958Published

1Opinion of the Court

Max J. Wolff, Ref.

This action was tried before me by consent without a jury. Findings were waived.

There is a substantial controversy here only in relation to the alleged cause of action against the defendant Green, who is sued upon his written guarantee of the indebtedness of the corporate defendant, Keystone Sportswear Co., Inc., which as established in this action amounts to $4,253.08. Inasmuch as Green had the opportunity to defend the suit against his codefendant, the principal obligor, and actually participated in such defense, he is bound with respect to the amount found to be owing…

2Cases cited10 opinions

  1. Fogelson v. Rackfay Construction Co.New York Court of Appeals · 1950
  2. Mitchill v. LathNew York Court of Appeals · 1928
  3. Mount Vernon Trust Co. v. BergoffNew York Court of Appeals · 1936
  4. Standard Oil Co. v. KochNew York Court of Appeals · 1932
  5. Blanding v. CohenAppellate Division of the Supreme Court of the State of New York · 1905

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