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Leggett v. Radford

73 N.Y. St. Rep. 871 Court N.Y. Sup. Ct. Decision date 1896-04-07 English

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p. 871
Francis H. Leggett et al., v. Resp’ts, v. Walter Radford, App’lt.
Sup. Ct., 2 D.,
April 7, 1896.
John F. Brennan, for app’lt; James M. Hunt, for resp’ts.

— 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.