Kahn v. Eisenberg

Appellate Terms of the Supreme Court of New York

Kahn v. Eisenberg

97 N.Y.S. 959

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 27, 1906

StatusPublished

Cited by1 cases

This text of 97 N.Y.S. 959 (Kahn v. Eisenberg) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

97 N.Y.S. 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahn-v-eisenberg-nyappterm-1906.

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