GEN. PHOENIX CORP. v. CABOT


300 N.Y. 87 (1949)

General Phoenix Corporation, Appellant, v. John B. Cabot, Respondent.

Court of Appeals of the State of New York.

Decided December 2, 1949


Attorney(s) appearing for the Case

John R. Bartels and Marvin F. Hartung for appellant.

Henry A. Stickney for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.


BROMLEY, J.

Summary judgment was denied plaintiff on its claim under a contract of guaranty because it was thought that questions of fact were present relating to the effect of the guaranty agreement and the sale of collateral pledged thereunder. The Appellate Division affirmed the denial (two Justices dissenting) but allowed an appeal on certified questions which present for our review the claimed issues of fact...

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