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  5. 33 N.Y.2d 983 (1974)
 

ROSENTHAL v. CONDITIONAL PURCHASE CO., INC.

33 N.Y.2d 983 (1974)

Arthur Rosenthal, Appellant, v. Conditional Purchase Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1974.

Attorney(s) appearing for the Case

Leo Salon and Joel Salon for appellant.

Arthur S. Friedman and Michael J. Golden for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur in memorandum; Judge STEVENS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. For plaintiff to prevail he must have shown that his assignor Yavers was a coguarantor with Mandell and Druce on the same debt or debts. Instead it appeared that separate instruments of guarantee were executed in 1957, one by Yavers, and the other by Druce and Mandell. There is a presumption that two or more persons bound as sureties on the same...

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