MacINTYRE v. STATE BANK OF ALBANY


282 A.D. 803 (1953)

James C. MacIntyre et al., as Assignees for the Benefit of Creditors of Conroy Gloves, Inc., Respondents, v. State Bank of Albany, Appellant

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

July 2, 1953.


Defendant bank extended to Conroy increasing lines of credit beginning in 1946 and running through 1948, the indebtedness being evidenced by debtor's notes, both secured and unsecured. All of the loans were repaid in full. Payments on the 1948 notes began in October of that year and continued until January 17, 1949. Plaintiffs sued to recover the payments made from December 1, 1948 to January 17, 1949, all on unsecured notes. Debtor's insolvency during such period was clear...

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