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Perkins-Goodwin Co. v. Adler

141 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1913-05-08 English

Decision Majority — PER CURIAM. · Dissent — GERARD, J.

Contents
p. 1142
PERKINS-GOODWIN CO. v. ADLER et al.
(Supreme Court, Appellate Term, First Department.
May 8, 1913.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Perkins-Goodwin Company; against Leopold Adler. and another, co-partners. From a judgment for defendants, plaintiff appeals. 1 Affirmed. Godnick & Wilson, of New York City, for appellant. Milton G. Buchdahl, of New York City, for respondents.

Judgment affirmed, with costs.

(dissenting). I fail to see any ambiguity in this guaranty. It seems to me a guaranty of the payment by Club Topics of paper sold to it by plaintiff up to the amount of $200. Whether the paper sold to Club Topics up to a total of $200 was delivered in one delivery, or in two,.or in ten, seems to me immaterial. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.