Kahn v. Eisenberg

Appellate Terms of the Supreme Court of New York

Kahn v. Eisenberg

97 N.Y.S. 959

Appellate Terms of the Supreme Court of New York·Decided February 27, 1906·Published·Cited by 1 cases

Opinion

PER CURIAM.

The instrument sued upon guarantied, in the event the notes in question were not paid when due, that the defendants would “jointly and severally pay the said notes and any expenses involved in the collection of this claim.” This was clearly a guaranty of payment, and not of collection. There was ample evidence to sustain the conclusion reached by the trial justice, and we find no reversible errors in the rulings made.

Judgments affirmed, with costs.

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PER CURIAM.

The instrument sued upon guarantied, in the event the notes in question were not paid when due, that the defendants would “jointly and severally pay the said notes and any expenses involved in the collection of this claim.” This was clearly a guaranty of payment, and not of collection. There was ample evidence to sustain the conclusion reached by the trial justice, and we find no reversible errors in the rulings made.

Judgments affirmed, with costs.

Kahn v. Eisenberg, 97 N.Y.S. 959 (N.Y. Ct. App. 1906).

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Opinion

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