MFRS. HANOVER TRUST v. GOLDSTEIN


25 A.D.2d 405 (1966)

Manufacturers Hanover Trust Co., Respondent-Appellant, v. Robert Goldstein, as Executor of E. J. Baumritter, Also Known as Eugene Baumritter, Deceased, Appellant-Respondent

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

May 26, 1966.


Attorney(s) appearing for the Case

Roy L. Reardon of counsel (Nancy M. Clarkson with him on the brief; Simpson Thacher & Bartlett, attorneys), for respondent-appellant.

Robert Goldstein, appellant-respondent in person.

BOTEIN, P. J., BREITEL and EAGER, JJ., concur.


RABIN, J.

On June 19, 1961, 11 Union Pharmacy, Inc., hereinafter called the conditional buyer, purchased an air conditioner from Billen Engineering and Sales Corp. The purchase was pursuant to a retail installment contract which was signed on behalf of the conditional buyer, by Baumritter, its president, and Schneider, its secretary. At the same time, the conditional

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