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Leggett v. Radford

39 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1896-04-07 English

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Majority

p. 1127
LEGGETT et al., Respondents, v. RADFORD, Appellant.
(Supreme Court, Appellate Division, Second Department.
April 7, 1896.)

Headnote

Action by Francis H. Leggett, Albert H. Jones, Lewis Wallace, and John 0. Juhring against Walter Radford.
John F. Brennan, for appellant. James M. Hunt, for respondents.

We think this judgment should be sustained upon the theory that the defendant was the principal, and wholly irrespective of any question of guaranty. The complaint does not seek to charge the defendant as guarantor, nor is there anything about a guaranty in the findings of the referee upon which the judgment was directed. Judgment affirmed, with costs.