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SUNNY SIDE UP, INC. v. AGWAY, INC.

40 A.D.2d 899 (1972)

Sunny Side up, Inc., et al., Respondents, v. Agway, Inc., Appellant. (Action No. 1.) Agway, Inc., Appellant, v. Max M. Brender et al., Respondents. (Action No. 2.)

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

November 9, 1972

Respondents Max and Beatrice Brender (hereinafter referred to as respondent guarantors) executed a personal guaranty of the indebtedness of respondent corporation under this contract up to the amount of $150,000. The guaranty contained a clause waiving "all right of set off or other claim which said debtor or I may now have or hereafter acquire." Respondent corporation also sought in action No. 1 to cancel this guaranty. Action No. 2 was thereafter commenced in Onondaga County...

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