RELIN v. MARINE MIDLAND TRUST CO. OF SOUTHERN NEW YORK


37 A.D.2d 913 (1971)

Jonas P. Relin, Appellant, v. Marine Midland Trust Company of Southern New York, Respondent

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

October 28, 1971


Judgment and order unanimously reversed on the law and facts, with costs, and motion denied.

Memorandum:

A plenary trial is necessary to resolve factual issues presented involving the conditions under which plaintiff's guarantee was given to defendant and whether it was only to apply should a third $50,000 loan, never advanced, be made, the extent of the indebtedness of Conelec, Inc., at the time plaintiff made his alleged offer to satisfy the entire indebtedness...

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