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STAGG TOOL & DIE CORP. v. WEISMAN

12 A.D.2d 99 (1960)

Stagg Tool & Die Corp., Respondent, v. Herman L. Weisman, Appellant

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

December 20, 1960.

Attorney(s) appearing for the Case

William G. Mulligan of counsel (Arthur B. Kananack with him on the brief), for appellant.

Raphael H. Weissman of counsel (Abbott Gould with him on the brief; Edward J. Mallin, attorney), for respondent.

BREITEL, J. P. and VALENTE, J., concur with STEVENS, J.; RABIN, J., dissents and votes to reverse and deny summary judgment in toto, in opinion; EAGER, J., dissents in part and votes to reverse in part and deny summary judgment as to first cause of action, in opinion.

STEVENS, J.

This is an action to recover sums of money allegedly owed by defendant as guarantor of performance of supply agreements between plaintiff and Klozo Zipper Corp. (herein called Klozo) and as indorser of notes made by Klozo and delivered to plaintiff. Each note was given in the month following receipt of the shipment to which it referred, and by its terms was to be paid within five months after issue...

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