MILTENBERG & SAMTON v. MALLOR


1 A.D.2d 458 (1956)

Miltenberg and Samton, Inc., Respondent, v. Joseph Mallor, Individually and Doing Business as Mallor Brokerage Co., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 8, 1956.


Attorney(s) appearing for the Case

Leonard H. Mandel of counsel (Robert R. Slaughter with him on the brief; Paskus, Gordon & Hyman, attorneys), for appellants.

Alexander E. Rosenthal for respondent.

COX, VALENTE and BERGAN, JJ., concur.


BOTEIN, J. P.

Plaintiff seeks to enforce a "guaranty" by defendant to be responsible for the consequences if a bare-faced scheme to deceive the consuming public went awry.

Defendant, a food broker, sold 2,000 cartons of canned Atlantic coast river herring to plaintiff, who bought the herring for resale to a customer in Egypt. The negotiations and the written terms of sale contemplated that the cans of...

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