Appellate Division of the Supreme Court of New York, 1913

Perkins-Goodwin Co. v. Adler

Perkins-Goodwin Co. v. Adler
Appellate Division of the Supreme Court of New York · Decided May 8, 1913 · Gerard
141 N.Y.S. 1142 (New York Supplement)
Perkins-Goodwin Co. v. Adler

Opinion of the Court

PER CURIAM.

Judgment affirmed, with costs.

Dissenting Opinion

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.

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