Public-domain · open source
OpenJurist

27 Misc. 793

Reines v. Berkman

Appellate Terms of the Supreme Court of New York · decided 1899-05-15

Appeal by the plaintiffs from a judgment of the Municipal Court, fourth district, borough of Manhattan, dismissing the complaint of the plaintiff.

Decided 1899-05-15

Freedman, P. J.

¶1The guaranty upon which the defendant was sued must, under all the circumstances, be construed to be one *794guaranteeing the collectibility of the accounts therein referred to. That being so, the-"plaintiffs were bound to prove that thé parties liable upon such accounts are not solvent, and that their liability cannot be enforced by due process of law. This the plaintiffs failed to do, ‘and consequently their' complaint was properly- dismissed.

¶2MacLeah and Leveetritt, JJ., concur.

¶3Judgment affirmed, with costs to respondent.

/27/misc/793 · .json · Public domain