STATE BANK OF ALBANY v. DUESLER


41 A.D.2d 1009 (1973)

State Bank of Albany, Respondent, v. Ivan E. Duesler, Appellant

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

May 31, 1973


The plaintiff sued to collect the balance due on a promissory note of which the defendant was the maker and the record does not establish any defense to the action. The defendant counterclaimed alleging that, in regard to another note upon which defendant was a comaker, the plaintiff, upon default, had demanded payment from the defendant without first proceeding against the security for such note. The counterclaim also alleged plaintiff had misrepresented to the defendant...

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