Hyperlawhypertext legal database Waldheim v. Sonnenstra 57 N.Y. St. Rep. 873

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Waldheim v. Sonnenstra

57 N.Y. St. Rep. 873 Court N.Y. City Ct. Decision date 1894-02-08 English

Delivered by Fitzsimons, J.

Contents

Majority

p. 873
Philip Waldheim, Resp’t, v. Abraham Sonnenstra, App’lt

Headnote

Appeal from a judgment in favor of plaintiff.
Hayes & Greenbaum, for app’lt; Simpson & Werner, for resp’t.

The plaintiff’s testimony certainly shows that he failed to comply with the covenant in the guarantee which provided that defendant should be notified by postal card if Ginns did not pay $5 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.