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American Trust Company v. Sullivan

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 1955
285 App. Div. 1043 (N.Y. App. Div. 1955)

Opinion

April 26, 1955.

Present — Peck, P.J., Cohn, Breitel, Bastow and Rabin, JJ.


Parol evidence was improperly admitted to vary the terms of the guarantee. There was no issue to submit to the jury in this connection. Nor was there any showing of dealing with the collateral on plaintiff's part at variance with the contract between the parties or any duty which plaintiff owed defendants. The case should not have been submitted to the jury and a verdict should have been directed for plaintiff. Judgment unanimously reversed as to the defendant Kestenbaum and judgment directed for the plaintiff, with costs to the appellant. The appeal as to the defendant Sullivan is dismissed. Settle order on notice.


Summaries of

American Trust Company v. Sullivan

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 1955
285 App. Div. 1043 (N.Y. App. Div. 1955)
Case details for

American Trust Company v. Sullivan

Case Details

Full title:AMERICAN TRUST COMPANY (Formerly PAN AMERICAN TRUST COMPANY), Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 26, 1955

Citations

285 App. Div. 1043 (N.Y. App. Div. 1955)

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