Leggett v. Radford

Full title: Francis H. Leggett and Others, Respondents, v. Walter Radford, Appellant

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

Date published: Apr 1, 1896

3 App. Div. 619 (N.Y. App. Div. 1896)

Opinion

April Term, 1896.

Judgment affirmed, with costs. —

PER CURIAM:

We think this judgment should be sustained upon the theory that the defendant was the principal, and wholly irrespective of any question of guaranty. The complaint does not seek to charge the defendant as guarantor, nor is there anything about a guaranty in the findings of the referee upon which the judgment was directed. The judgment should be affirmed, with costs. All concurred.