LEGHORN v. ROSS


53 A.D.2d 560 (1976)

Richard S. Leghorn, Respondent, v. Stuart R. Ross, Appellant

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

June 22, 1976


The plaintiff seeks indemnification for sums paid by him as a guarantor of the defendant's promissory notes issued by the defendant to finance a stock purchase. There is no dispute as to the defendant's default in payment of the notes, or with respect to the fact that the plaintiff was called upon to honor the guarantee agreement. However, defendant asserts that as between the plaintiff and the defendant there was agreement that the defendant would not be liable personally...

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