Weinman v. Margolish

Appellate Terms of the Supreme Court of New York

Weinman v. Margolish

120 N.Y.S. 734

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 21, 1910

StatusPublished

This text of 120 N.Y.S. 734 (Weinman v. Margolish) 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

Weinman v. Margolish, 120 N.Y.S. 734 (N.Y. Ct. App. 1910).

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Opinion

PER CURIAM.

The record contains a request from counsel for leave to submit briefs. Thereupon the court said:

“You may submit briefs by June 21st, and I will have 14 days thereafter to decide.”

Neither counsel objected to this statement, and the case must be considered as having been submitted on that date.

The alleged promise of the defendant was certainly within the statute of frauds. All the testimony shows clearly that the respondent never intended to assume an original obligation, and that the plaintiff at all times regarded respondent’s brother as the principal debtor, and even made him a party to this action.

Judgment should be affirmed, with costs. All concur.

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PER CURIAM.

The record contains a request from counsel for leave to submit briefs. Thereupon the court said:

“You may submit briefs by June 21st, and I will have 14 days thereafter to decide.”

Neither counsel objected to this statement, and the case must be considered as having been submitted on that date.

The alleged promise of the defendant was certainly within the statute of frauds. All the testimony shows clearly that the respondent never intended to assume an original obligation, and that the plaintiff at all times regarded respondent’s brother as the principal debtor, and even made him a party to this action.

Judgment should be affirmed, with costs. All concur.

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Bluebook (online)

120 N.Y.S. 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinman-v-margolish-nyappterm-1910.