SAALE v. INTERSTATE STEEL


27 A.D.2d 1 (1966)

William E. Saale, Doing Business as Tested Metals International Company, Respondent, v. Interstate Steel Co. Inc., et al., Appellants

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

December 20, 1966.


Attorney(s) appearing for the Case

Copal Mintz of counsel (Nathan H. Herman, attorney), for appellants.

Fred Lichtblau for respondent.

STEVENS, CAPOZZOLI and BASTOW, JJ., concur with BREITEL, J. P.; RABIN, J., dissents in opinion.


BREITEL, J. P.

Defendants, maker and individual indorser of a promissory note, the second in a series of three, each in the amount of $15,062.19, appeal from summary judgment granted plaintiff holder and payee. The notes were given in purchase of a quantity of damaged steel coil, shipped to plaintiff, and sold to defendant corporation as salvageable goods by plaintiff's insurer. Defendants have a viable contention...

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