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  5. 16 A.D.2d 111 (1962)
 

MATTER OF HAMMER

16 A.D.2d 111 (1962)

In the Matter of the Accounting of Catherine E. Hammer, as Executrix of George A. Hammer, Deceased. Girard Trust Corn Exchange Bank, Appellant; Catherine E. Hammer, as Executrix of George A. Hammer, Deceased, Respondent

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

March 22, 1962.

Attorney(s) appearing for the Case

Herbert M. Wachtell of counsel (Jaffe & Wachtell, attorneys), for appellant.

Ernest E. L. Hammer (Albert A. Beregh with him on the brief), attorney for respondent.

BREITEL, J. P., EAGER and STEUER, JJ., concur in Per Curiam opinion; BERGAN, J., dissents in opinion in which McNALLY, J., concurs.

Per Curiam.

At the request of deceased, respondent bank gave a line of credit to Cement Enamel of Delaware and Pennsylvania, Inc. This corporation has as its chief stockholder the father-in-law of deceased's son. Deceased guaranteed the line of credit to the extent of $10,000. The instrument of guarantee provided that upon any default by the corporate principal the bank could forthwith recover from the deceased. Deceased...

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