Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 135

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1910 Excerpt: ... GUARANTY AND SURETYSHIP--Continued. Where after mutual motions for the direction of a verdict, and after the court has announced that it will direct a verdict for the defendants, but before verdict rendered, the plaintiffs ask to go to the jury on a specific question raised by the evidence, the request is timely and the plaintiffs are entitled to have the specified question submitted. Zwecker v. Levine, 482. 2. Principal and surety--building contract--immaterial departure from term of payment--when surety not released--appeal--harmless error. Where a build-ing contract provided that the price should be paid in installments of eighty per cent of each $10,000 worth of work done, the final payment to be deferred until the completion of the building, the surety of a defaulting contractor cannot escape liability for the cost to the owner of completing the contract merely because the owner paid the contractor $1,000 at a time when only $3,000 worth of work had been done, for the surety was not prejudiced thereby. A verdict supported by the evidence will not be reversed because evidence pos-sibly inadmissible was received if the same facts were established by other unobjectionable evidence. St. John's College v. JElna Indemnity Co., 480. 3. Debtor and creditor--extension of credit--evidence--charge. Where in an action to re-cover from the guarantor of certain accounts it appears that the debtor being in default, the creditor telephoned to the guarantor and told him that he was contemplating suit against the debtor and asked if he wished it brought, to which the guarantor replied that the creditor could use his own judgment as to whether to sue or not or what to do with the matter, and subse-quently the creditor accepted the debtor's time notes for the debt, which ...