97 N.Y.S. 959
Appellate Terms of the Supreme Court of New York
Decided February 27, 1906
Appellate Terms of the Supreme Court of New York · decided 1906-02-27
<p>Guaranty—Construction of Writing.</p> <p>An instrument guarantying that defendant would pay a certain note and any expense involved in collecting it was a guaranty of payment, and not of collection.</p> <p>[Ed. Note.—For cases in point, see vol. 25, Cent. Dig. Guaranty, § 37.]</p>
Affirmed · Decided 1906-02-27
¶1The instrument sued upon guarantied, in the event the notes in question were not paid when due, that the defendants would “jointly and severally pay the said notes and any expenses involved in the collection of this claim.” This was clearly a guaranty of payment, and not of collection. There was ample evidence to sustain the conclusion reached by the trial justice, and we find no reversible errors in the rulings made.
¶2Judgments affirmed, with costs.