BERKSHIRE BANK v. SCHWARTZ


191 A.D.2d 260 (1993)

595 N.Y.S.2d 19

Berkshire Bank, Respondent, v. Albert Schwartz, Appellant and Third-Party Plaintiff-Appellant. Michael Landes, Third-Party Defendant-Respondent

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

March 11, 1993


Even if officers of plaintiff Bank were aware that the proceeds of the loan to defendant Schwartz were paid over to third-party defendant Landes, and that defendant Schwartz was executing the loan as an accommodation to Landes, it is clear that Schwartz extended his credit to Landes and the Bank may recover the proceeds of the loan from Schwartz, who is the sole signatory on the note. An accommodation party is liable in the capacity in which he has signed the note even though...

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