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SCHMITZ v. MacDONALD

250 A.D.2d 533 (1998)

673 N.Y.S.2d 426

Helen D. Schmitz, as Executrix of Richard D. Schmitz, Deceased, Respondent, v. Joseph A. MacDonald, Appellant, et al., Defendant

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

May 26, 1998

The IAS Court properly awarded plaintiff summary judgment upon the subject non-negotiable promissory note. There is no indication on the face of the note that defendant signed it in a representative capacity, and he is, accordingly, personally liable for payment of the note (see, Republic Natl. Bank v GSO Inc., 177 A.D.2d 417, 418). While the fact that a signatory's name appears...

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