JAMAICA TOBACCO & SALES CORP. v. SIEGEL


40 A.D.2d 686 (1972)

Jamaica Tobacco & Sales Corp., Appellant, v. George J. Siegel, Respondent

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

October 10, 1972


Judgment reversed, with costs, and jury verdict reinstated.

The guarantee agreement called for forbearance, without a definite time period therefor stated. In such case the law requires forbearance for a reasonable time. "What would be a reasonable time, if not always a question of fact, would at least be a mixed question of law and fact, depending for its solution upon the circumstances of each case" (Traders' Nat. Bank v. Parker, 130 N.Y. 415, 421). Plaintiff...

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