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ROTHENBERG v. MELLOW MUSIC, INC.

No. 73-509.

291 So.2d 234 (1974)

Barrett M. ROTHENBERG, Appellant, v. MELLOW MUSIC, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

March 19, 1974.

Attorney(s) appearing for the Case

Caidin, Rothenberg, Kogan & Kornblum, Miami, for appellant.

Smith, Mandler, Smith & Parker and Joe N. Unger, Miami Beach, for appellee.

Before PEARSON, CARROLL and HAVERFIELD, JJ.

PEARSON, Judge.

The appellant, Barrett M. Rothenberg, suffered a summary final judgment in an action brought by the appellee, Mellow Music, Inc. against Rothenberg as the endorser on a promissory note. Rothenberg as defendant answered the complaint and as an affirmative defense alleged that the note was merely an agreement by the maker to pay the amount of the note from a particular fund, and that inasmuch as he only guaranteed...

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