NEW YORK PLUMBER'S SPECIALTIES CO., INC. v. 91 E. End Corp.

New York Court of Appeals

NEW YORK PLUMBER'S SPECIALTIES CO., INC. v. 91 E. End Corp.

366 N.E.2d 866, 42 N.Y.2d 865, 397 N.Y.S.2d 778, 1977 N.Y. LEXIS 2188

CourtNew York Court of Appeals

DecidedJune 9, 1977

StatusPublished

Cited by5 cases

This text of 366 N.E.2d 866 (NEW YORK PLUMBER'S SPECIALTIES CO., INC. v. 91 E. End Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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NEW YORK PLUMBER'S SPECIALTIES CO., INC. v. 91 E. End Corp., 366 N.E.2d 866, 42 N.Y.2d 865, 397 N.Y.S.2d 778, 1977 N.Y. LEXIS 2188 (N.Y. 1977).

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Opinion

Memorandum. The order of the Appellate Division should be affirmed.

The plaintiff agreed to open an account for the appellant if *866 the appellant would sign a "guarantee” furnished by the plaintiff. The appellant signed and returned the "guarantee” which provides that "For value received and the further consideration of any credit that you may hereafter from time to time extend to 91 East End Corporation * * * the undersigned does hereby guarantee the full and prompt payment to you, of all indebtedness due to you which the said 91 East End Corporation has heretofore incurred and does hereafter incur”. Although described as a guarantee this writing is actually an agreement or promise to pay appellant’s own obligation for purchases made on its own account (see, e.g., Deeves & Son v Manhattan Life Ins. Co., 195 NY 324, 331). The plaintiff’s business records introduced into evidence at the trial show that the materials were delivered to the appellant’s address and credited to its account. In fact, at the trial appellant admitted that the materials were supplied and used in the construction project at its premises. On this record we agree with the trial court that the evidence established appellant’s obligation to pay for the goods sold, delivered and credited to its account.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

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Memorandum. The order of the Appellate Division should be affirmed.

The plaintiff agreed to open an account for the appellant if *866 the appellant would sign a "guarantee” furnished by the plaintiff. The appellant signed and returned the "guarantee” which provides that "For value received and the further consideration of any credit that you may hereafter from time to time extend to 91 East End Corporation * * * the undersigned does hereby guarantee the full and prompt payment to you, of all indebtedness due to you which the said 91 East End Corporation has heretofore incurred and does hereafter incur”. Although described as a guarantee this writing is actually an agreement or promise to pay appellant’s own obligation for purchases made on its own account (see, e.g., Deeves & Son v Manhattan Life Ins. Co., 195 NY 324, 331). The plaintiff’s business records introduced into evidence at the trial show that the materials were delivered to the appellant’s address and credited to its account. In fact, at the trial appellant admitted that the materials were supplied and used in the construction project at its premises. On this record we agree with the trial court that the evidence established appellant’s obligation to pay for the goods sold, delivered and credited to its account.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)

366 N.E.2d 866, 42 N.Y.2d 865, 397 N.Y.S.2d 778, 1977 N.Y. LEXIS 2188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-plumbers-specialties-co-inc-v-91-e-end-corp-ny-1977.

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