Summary judgment should have been granted on the notes in suit against the indorser, the defendant Friedberg. The notes matured after that defendant, as president and on behalf of the corporate maker, executed the creditors' agreement. By such affirmative action on his, the indorser's part, he must be deemed in law to have waived presentment and notice of dishonor (O'Bannon Co. v. Curran, 129 App. Div. 90; Mercer v. Hydrocarbon Converter Co., 205 App. Div. 78...
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