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FIRST NAT. BANK OF ODESSA v. FAZZARI

10 N.Y.2d 394 (1961)

First National Bank of Odessa, Appellant, v. Mike Fazzari, Respondent.

Court of Appeals of the State of New York.

Decided December 7, 1961.

Attorney(s) appearing for the Case

Osco W. Peterson for appellant.

Henry Valent for respondent.

Leo P. Dorsey for New York State Bankers Association, amicus curiæ.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

FOSTER, J.

On December 16, 1957 defendant executed a six-month promissory note to the order of John Wade, Jr. The instrument was payable at the Glen National Bank, Watkins Glen, N. Y., in the amount of $400, with interest. Apparently defendant was unable to read or write English. It was found below that the payee, Wade, prepared the note and induced defendant to sign it upon the misrepresentation that it was...

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