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FIRST NAT'L BANK OF ODESSA v. FAZZARI

13 A.D.2d 582 (1961)

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

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

March 9, 1961

Concededly the defendant signed a promissory note dated December 16, 1957, in the sum of $400, payable to John Wade, Jr., six months after date at the Glen National Bank, Watkins Glen, New York. The defendant is unable to read or write the English language. There is undisputed testimony that Wade made out the body of the note and asked defendant to sign it upon the representation that it was merely a statement of wage earnings while he was working for defendant, to be used...

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