F. A. CROSSMAN, INC. v. WEEKS AUTO SUPPLY CTR., INC.


98 A.D.2d 964 (1983)

F. A. Crossman, Inc., Appellant, v. Weeks Auto Supply Center, Inc., et al., Respondents

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

December 16, 1983


Order unanimously reversed, with costs, and motion granted.

Memorandum:

Corporate defendant executed a promissory note to plaintiff in the amount of $42,000 at 9.5% interest for purchase of start-up inventory. Individual defendants simultaneously executed a guarantee. The note provided that the unpaid balance would accelerate and become due upon, inter alia, respondent's default in payment of any installment. It is conceded that from June 25, 1977,...

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