EMPIRE MILLWORK CORPORATION v. LAPIDES

No. 9763.

155 F.Supp. 765 (1957)

EMPIRE MILLWORK CORPORATION v. Morton M. LAPIDES.

United States District Court D. Maryland, Civil Division.

October 30, 1957.


Attorney(s) appearing for the Case

Harry O. Levin, Jacob J. Edelman and Marshall A. Levin, Baltimore, Md., for plaintiff.

Charles M. Cohen and Chambers & Cohen, Baltimore, Md., for defendant.


THOMSEN, Chief Judge.

In this action by the payee of a note against an indorser-guarantor, the latter contends that the suit is prematurely brought by reason of the terms of a composition agreement to which the maker, the payee and the indorser-guarantor were all parties.

On November 5, 1956, by its promissory note, Lehigh Construction Co., Inc., promised to pay to plaintiff or order $8,830.22 on May 6, 1957, with interest at 5%. On the reverse of the note...

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