128 N.Y.S. 798 | N.Y. App. Div. | 1911
Appeal from a judgment upon a verdict directed in favor of plaintiff, and an order denying motion for a new trial. Defendant was sued upon a guaranty of' payment in the following form:
“Philadelphia, Pa., 2/19/1903.
“The Strobel & Wilicer Co.,
1 “Mew York City:
“Gentlemen.— In consideration of your shipping to Mess. Milgraum & Ost, of Philadelphia, the goods ordered by them amounting to about four thousand dollars ($4,000.00), we hereby guarantee to you the payment of same when due.
“Yours truly,
“ WIESEM BROS.
Per Max Wieser.” (Witness: E. C. Mueller.
Ingraham, P. J., McLaughlin, Clarice and Dowling, JJ., concurred.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.