Judgment affirmed, with costs ; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscock, JJ.
Clarke v. Luyties, 120 App. Div. 880, affirmed.
(Argued October 15, 1908;
decided November 10, 1908.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 29, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover a balance alleged to be due on a written contract of guaranty.
Edward J. McGanney for appellant.
Nathaniel Cohen for respondent.
Judgment affirmed, with costs ; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscock, JJ.
193 N.Y. 632
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