WHOLESALE v. BARKER


257 A.D.2d 902 (1999)

684 N.Y.S.2d 44

STATON WHOLESALE, Respondent, v. DAVID D. BARKER, Doing Business as IMPRESS PROMOTIONS, INC., Appellant.

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

Decided January 21, 1999.


Mikoll, J. P.

Defendant was the proprietor of a T-shirt and sweatshirt business in the City of Saratoga Springs, Saratoga County, from 1981 to 1992. In July 1985, he contracted to buy merchandise from plaintiff, a wholesale business in Texas. As part of the agreement, defendant signed a personal guarantee of payment in full. Defendant sold the business in 1992 and its accounts payable were ultimately transferred to a third...

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