L. Teplitz Thrown Silk Co. v. Rich

Poetek, C. C. J.

By stipulation of counsel the question raised in this case is submitted to the court for decision. It appears that the deceased, Garret Van Nimwegen, guaranteed in writing the payment to the plaintiff of certain obligations of Rich. The guarantor died April 30th, 1934. The executrix of his estate published in a newspaper a notice to bar creditors on June 15th, 1934. Actual notice of his death did not come to the knowledge of plaintiff until early in July, 1934. Between the date of death and before knowledge by plaintiff of that fact, to wit, June 7th, 8th, 12th and 19th, 1934,…