Bennel Co. v. Simons

Appellate Division of the Supreme Court of New York

Bennel Co. v. Simons

12 A.D.2d 797, 210 N.Y.S.2d 79, 1961 N.Y. App. Div. LEXIS 13258

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 16, 1961

StatusPublished

Cited by1 cases

This text of 12 A.D.2d 797 (Bennel Co. v. Simons) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennel Co. v. Simons, 12 A.D.2d 797, 210 N.Y.S.2d 79, 1961 N.Y. App. Div. LEXIS 13258 (N.Y. Ct. App. 1961).

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Opinion

In an action to recover upon defendant’s written guarantee of payment of the price of goods sold by plaintiff to a third party, in reliance upon such guarantee, plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, dated April 13, 1960, as denied its motion for summary judgment striking out defendant’s answer. Order insofar as appealed from affirmed, with $10 costs and disbursements. In our opinion the record presents issues of fact as to whether defendant intended that the guarantee should be for the benefit of plaintiff. Such issues should be determined after trial. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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In an action to recover upon defendant’s written guarantee of payment of the price of goods sold by plaintiff to a third party, in reliance upon such guarantee, plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, dated April 13, 1960, as denied its motion for summary judgment striking out defendant’s answer. Order insofar as appealed from affirmed, with $10 costs and disbursements. In our opinion the record presents issues of fact as to whether defendant intended that the guarantee should be for the benefit of plaintiff. Such issues should be determined after trial. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

12 A.D.2d 797, 210 N.Y.S.2d 79, 1961 N.Y. App. Div. LEXIS 13258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennel-co-v-simons-nyappdiv-1961.

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