Legal Opinion
Silberstein v. Spigel
Appellate Terms of the Supreme Court of New York
Decided April 13, 1911Published
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Solomon Silberstein against Nathan Spigel and another, doing business under the firm name of Spigel Bros. From a judgment dismissing the complaint on the merits, plaintiff appeals.
1Opinion of the CourtBijur, J.
This action was brought to recover upon the following guaranty in writing, signed by the defendants and addressed to the plaintiff:
“I hereby guárante the account of Hyman Borendes which shall be for all goods sold by Silberstein to Borendes for the amount of ($150.00) one hundred and fifty dollars up to Nov. 19, 1910 this act. shall be settled every month.
“[Signed] Hyman Spigel Brothers.”
As it appeared that plaintiff had not settled the account every month, and that the amount due was a balance resulting from sales -covering three months, without any intermediate monthly settlement having…
2Cases cited3 opinions
- McKecknie v. . WardNew York Court of Appeals · 1874
- Eccleston v. SandsAppellate Division of the Supreme Court of the State of New York · 1905
- Marcus v. LiebovitzAppellate Terms of the Supreme Court of New York · 1908