Moran v. Van Dyk

Appellate Division of the Supreme Court of New York

Moran v. Van Dyk

244 A.D. 810

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1935·Published

Opinion

Order of the Special Term, Queens county, denying plaintiff’s motion, in an action to recover upon a guaranty, for an order striking out defendant’s answer and for judgment in favor of plaintiff and against defendant, pursuant to rules 113 and 114 of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. There is a question of fact as to the correct interpretation of the language of the guaranty and a mixed question of law and fact as to the revocation of the guaranty by defendant, including the question of fact as to whether or not the letter of revocation was received by plaintiff. Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of the Special Term, Queens county, denying plaintiff’s motion, in an action to recover upon a guaranty, for an order striking out defendant’s answer and for judgment in favor of plaintiff and against defendant, pursuant to rules 113 and 114 of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. There is a question of fact as to the correct interpretation of the language of the guaranty and a mixed question of law and fact as to the revocation of the guaranty by defendant, including the question of fact as to whether or not the letter of revocation was received by plaintiff. Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.

Moran v. Van Dyk, 244 A.D. 810 (N.Y. Ct. App. 1935).

Pincite

244 A.D. 810 (Moran v. Van Dyk) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.