Home/Appellate Division of the Supreme Court of New York/Ralston Purina Co. v. Siegel's Poultry, Inc.

Ralston Purina Co. v. Siegel's Poultry, Inc.

24 A.D.2d 926, 264 N.Y.S.2d 601, 1965 N.Y. App. Div. LEXIS 2974
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 23, 1965
StatusPublished
Cited by5 cases

This text of 24 A.D.2d 926 (Ralston Purina Co. v. Siegel's Poultry, Inc.) 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
Ralston Purina Co. v. Siegel's Poultry, Inc., 24 A.D.2d 926, 264 N.Y.S.2d 601, 1965 N.Y. App. Div. LEXIS 2974 (N.Y. Ct. App. 1965).

Opinion

Memorandum by the Court.

In Action No. 1 a creditor sued the guarantor alone upon a written contract of guarantee. We agree with Special Term that the independent claim which the principal elected to assert in a separate suit against the creditor for its alleged negligence in the performance of the service provisions of the contract for the sale and delivery of poultry feed and supplies was not available to the guarantor either as a defense or a setoff against the plaintiff. (See Gillespie v. Torrance, 25 N. Y. 306; Elliott v. Brady, 192 N. Y. 221; Ettlinger v. National Sur. Co., 221 N. Y. 467.) No cross appeal having been taken from the order denying the cross motion for the consolidation of the two actions, we are limited to a consideration of the relief granted by the judgment. Judgment and order appealed from affirmed, with costs. Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)
24 A.D.2d 926, 264 N.Y.S.2d 601, 1965 N.Y. App. Div. LEXIS 2974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ralston-purina-co-v-siegels-poultry-inc-nyappdiv-1965.