-
GERARD, J. (dissenting). I fail to see any ambiguity in this guaranty. It seems to me a guaranty of the payment by Club Topics of paper sold to it by plaintiff up to the amount of $200. Whether the paper sold to Club Topics up to a total of $200 was delivered in one delivery, or in two,.or in ten, seems to me immaterial. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.
Document Info
Citation Numbers: 141 N.Y.S. 1142
Judges: Gerard
Filed Date: 5/8/1913
Precedential Status: Precedential
Modified Date: 11/12/2024