Reines v. Berkman

Appellate Terms of the Supreme Court of New York

Reines v. Berkman

27 Misc. 793, 58 N.Y.S. 281

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1899

StatusPublished

This text of 27 Misc. 793 (Reines v. Berkman) 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

Reines v. Berkman, 27 Misc. 793, 58 N.Y.S. 281 (N.Y. Ct. App. 1899).

Pincite

Opinion

Freedman, P. J.

The guaranty upon which the defendant was sued must, under all the circumstances, be construed to be one [794]*794guaranteeing the collectibility of the accounts therein referred to. That being so, the-"plaintiffs were bound to prove that thé parties liable upon such accounts are not solvent, and that their liability cannot be enforced by due process of law. This the plaintiffs failed to do, ‘and consequently their' complaint was properly- dismissed.

MacLeah and Leveetritt, JJ., concur.

Judgment affirmed, with costs to respondent.

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

Freedman, P. J.

The guaranty upon which the defendant was sued must, under all the circumstances, be construed to be one [794]*794guaranteeing the collectibility of the accounts therein referred to. That being so, the-"plaintiffs were bound to prove that thé parties liable upon such accounts are not solvent, and that their liability cannot be enforced by due process of law. This the plaintiffs failed to do, ‘and consequently their' complaint was properly- dismissed.

MacLeah and Leveetritt, JJ., concur.

Judgment affirmed, with costs to respondent.

Cite This Page — Counsel Stack

Bluebook (online)

27 Misc. 793, 58 N.Y.S. 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reines-v-berkman-nyappterm-1899.