MFRS. TRUST CO. v. PALMER


13 A.D.2d 772 (1961)

Manufacturers Trust Company, Appellant, v. Archibald Palmer, as Trustee for Modern Tours, Inc., Respondent. Manufacturers Trust Company, Appellant, v. Bernard Berman, Respondent Manufacturers Trust Company, Appellant, v. Isaac Berman, Respondent

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

May 29, 1961


Three orders entered on December 4, 1959, denying plaintiff's motions for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, the motions granted, with $10 costs, and an assessment of damages directed.

The alleged oral agreement varying the unconditional obligations of the notes in suit cannot be availed of as a defense. (Ford v. Hahn, 269 App. Div. 436.) The allegations of the defendants fail to sustain the...

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