City of New York Municipal Court, 1894

Waldheim v. Sonnenstrahl

Waldheim v. Sonnenstrahl
City of New York Municipal Court · Decided February 8, 1894 · Fitzsimons
58 N.Y. St. Rep. 875
Waldheim v. Sonnenstrahl

Opinion of the Court

Fitzsimons, J.

The plaintiff’s testimony certainly shows that he failed to comply covenant 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 testimonv 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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