FRANKLIN NAT. BANK v. BUSH HOMES


30 Misc.2d 473 (1961)

Franklin National Bank of Long Island, Plaintiff, v. Bush Homes, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 31, 1961


Attorney(s) appearing for the Case

Dodge, Saltzman & Waxberg (Robert D. Cole of counsel), for plaintiff. Sprague, Stern, Aspland, Dwyer & Tobin for defendants.


MARIO PITTONI, J.

Motion for summary judgment in an action (1) on notes for $455,000, and (2) on the guarantee of said notes.

Thirteen notes executed between November 25, 1960 and March 1, 1961 by defendant Bush Homes, Inc. (with guarantees of payment by the remaining defendants) have not been paid. Payment of all was accelerated when payment of three notes was not made on their due dates. Each note contains a provision for a 20% attorney's fee...

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