Opinion
June 25, 1934.
Appeal from the City Court of New York, County of New York.
Levin, Rosmarin Schwartz [ Jerome M. Schwartz of counsel], for the appellant Kaufman.
Samuel W. Fried, for the appellant Eiger.
Spiro Felstiner [ William Felstiner of counsel], for the respondent.
The guaranty and the checks, even though read together, were insufficient as a memorandum under the Statute of Frauds (Pers. Prop. Law, § 31). The checks were not signed by the party to be charged and would not establish an agreement to postpone the time of payment merely because they were post-dated, without parol evidence of the creditor's acquiescence in such an arrangement. Therefore, the memorandum was insufficient for the reason that consideration was not sufficiently expressed therein. ( Standard Oil Co. v. Koch, 260 N.Y. 150.)
Orders reversed, with ten dollars costs and disbursements and motions granted.
All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.