On appeals from the Supreme Court.
For the appellants-respondents Ferguson Carpet Company et al., Meyer C. Weinstein.
For the respondent, Harry Schottenfeld.
For the appellant, Abe Schottenfeld, Edward A. & William A. Schilling.
The opinion of the court was delivered by
CAMPBELL, CHANCELLOR. These appeals arise as the result of an action brought by the Ferguson Carpet Company, a corporation of Pennsylvania, or, in the alternative, Samuel
Allenson, individually, and trading as the Allenvy Carpet Company, against Harry Schottenfeld and Abe Schottenfeld. The grounds for such action against these parties defendant were their respective guarantees of an account of one Louis M. Obolsky, who had applied to Allenson to supply him with carpet which he had engaged, by contract, to furnish to a new theatre being erected at Richmond Hill, Long Island, New York. Allenson, finding that this transaction would call for a credit of upward of $5,000, was, apparently, unwilling to undertake the business with Obolsky, upon the latter's personal credit. The result was that two agreements of guaranty were obtained; one from Abe Schottenfeld and the other from Harry Schottenfeld, both of whom were brothers-in-law of Obolsky.
The guaranty of Harry Schottenfeld is as follows:
"Mr. Allenson, c/o Allenvy Carpet Co.
Dear Sam: I hereby agree to guaranty $2,500 for Louis Obolsky on carpet you are manufacturing for theatre which guarantee expires after he makes you first payment of $2,500 on said carpet."
The guaranty of Abe Schottenfeld is as follows:
"Allenvy Carpet Co., 295 Fifth avenue, ...