Waldheim v. Sonnenstrahl

City of New York Municipal Court

Waldheim v. Sonnenstrahl

27 N.Y.S. 1133, 57 N.Y. St. Rep. 873

DecidedFebruary 8, 1894

StatusPublished

This text of 27 N.Y.S. 1133 (Waldheim v. Sonnenstrahl) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waldheim v. Sonnenstrahl, 27 N.Y.S. 1133, 57 N.Y. St. Rep. 873 (N.Y. Super. Ct. 1894).

Pincite

Opinion

FITZSIMONS, J.

The plaintiff’s testimony certainly shows that he failed* to comply with the covenant in the guaranty, which provided that defendant should be notified, by postal card, if Ginns did not pay five dollars each week, on account of the goods sold; but the testimony also shows that defendant,, after Ginn’s default, waived that provision; therefore, the judgment was-* right, and must be affirmed, with costs. All concur.

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FITZSIMONS, J.

The plaintiff’s testimony certainly shows that he failed* to comply with the covenant in the guaranty, which provided that defendant should be notified, by postal card, if Ginns did not pay five dollars each week, on account of the goods sold; but the testimony also shows that defendant,, after Ginn’s default, waived that provision; therefore, the judgment was-* right, and must be affirmed, with costs. All concur.

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Bluebook (online)

27 N.Y.S. 1133, 57 N.Y. St. Rep. 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldheim-v-sonnenstrahl-nynyccityct-1894.