Hyperlawhypertext legal database Waldheim v. Sonnenstrahl 27 N.Y.S. 1133

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Waldheim v. Sonnenstrahl

27 N.Y.S. 1133 Court N.Y. City Ct. Decision date 1894-02-08 English

Delivered by FITZSIMONS, J.

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Majority

p. 1133
WALDHEIM, Respondent, v. SONNENSTRAHL, Appellant.
(City Court of New York, General Term.
February 8, 1894.)

Headnote

Action by Philip Waldheim against Abraham Sonnenstrahl.
Argued before EHRLICH, C. J., and VAN WYCK and FITZSIMONS, JJ..
Hayes & Greenbaum, for appellant.
Simpson & Werner, for respondent.

The plaintiff’s testimony certainly shows that he failed* to comply with the covenant in the guaranty, which provided that defendant should be notified, by postal card, if Ginns did not pay five dollars each week, on account of the goods sold; but the testimony also shows that defendant,, after Ginn’s default, waived that provision; therefore, the judgment was-* right, and must be affirmed, with costs. All concur.