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MFRS. TRUST CO. v. GOLDSTEIN

45 Misc.2d 900 (1965)

Manufacturers Hanover Trust Company, Respondent, v. Robert Goldstein, as Executor of E. J. Baumritter, Deceased, Appellant.

Supreme Court, Appellate Term, First Department.

March 25, 1965

Attorney(s) appearing for the Case

Robert Goldstein for appellant. Simpson, Thacher & Bartlett (Roy L. Reardon and Nancy L. Michelmore of counsel), for respondent.

TILZER, J., concurs; HOFSTADTER, J. P., dissents in opinion.

WILLIAM C. HECHT, JR., J.

On June 19, 1961, 11 Union Pharmacy, Inc., hereinafter called "Union", purchased an air conditioner, pursuant to a retail installment contract which was executed on its behalf by Baumritter, its president, and Schneider, its secretary. At the same time, Union delivered its promissory note to the conditional vendor. The note was signed on behalf of the corporation, by both Baumritter and Schneider, who also signed the note individually...

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