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CHASE MANHATTAN BANK v. McLEISH

55 Misc.2d 1009 (1968)

Chase Manhattan Bank (National Association), Appellant, v. Gloria M. McLeish et al., Defendants-Respondents and Third-Party Plaintiffs. E.S.A.I., Inc., Third-Party Defendant.

Supreme Court, Appellate Term, Second Department.

January 31, 1968

Attorney(s) appearing for the Case

Harry J. Macklis for appellant. Colby & Miller (Joseph Colby of counsel), for respondents.

BAKER, J., concurs with MARGETT, J.; GULOTTA, J., dissents and votes to affirm in a separate opinion.

CHARLES MARGETT, J.

This is an action to recover an unpaid balance of $3,176.96 on a promissory note dated August 7, 1964, executed by defendants McLeish to the order of third-party defendant E.S.A.I., Inc. The note was indorsed over to Chase Manhattan Bank (Chase), and delivered to it together with an underlying retail installment contract.

The sole issue is whether defendants, by executing a so-called...

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