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HUTHER v. MARINE MIDLAND BANK

143 Misc.2d 697 (1989)

Carole N. Huther, Individually and as Executrix of William S. Huther, Deceased, Plaintiff, v. Marine Midland Bank, N. A., et al., Defendants.

City Court of Rochester.

April 17, 1989

Attorney(s) appearing for the Case

Kaufman & Forsyth (Donald A. Forsyth of counsel), for plaintiff. Harter, Secrest & Emery (Peter M. Abdella of counsel), for defendants.

JOHN MANNING REGAN, J.

The evidence adduced at the trial of this action has established the facts which follow.

Sometime prior to the fall of 1986, William S. Huther borrowed approximately $31,000 from the defendant, Marine Midland Bank, N. A. (hereinafter referred to as the bank). He secured repayment of this loan with stock from Eastman Kodak Company and Mobil Corporation.

During 1986, the...

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