CENT. STATE BANK v. BOTWIN


66 Misc.2d 1085 (1971)

Central State Bank, Plaintiff, v. Alfred Botwin et al., Defendants.

Civil Court of the City of New York, Trial Term, New York County.

June 1, 1971


Attorney(s) appearing for the Case

Sidney A. Weissberg for plaintiff. Leinwand, Maron, Hendler & Krause (Milford D. Gerton of counsel), for defendants.


RICHARD W. WALLACH, J.

There are times when stubborn facts refuse to be put down by those useful legal principles which bring stability to written instruments. This action by a bank, to enforce what appears on its face to be an unconditional guarantee, is such a case.

Plaintiff bank has contended that on August 19, 1969, its customer, Alfred Botwin, was in substantial default upon an $8,676 installment...

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