Rothstein v. Forty-Five, Twenty-Five, Inc.

HENDRY, Judge.

Plaintiff, appellant, sued defendant, appel-lee, to recover the unpaid balance on a de*566mand promissory note with, a face amount of $50,000, executed by the defendant and payable to the order of the plaintiff. The note contained the following inscription on the reverse side:

“This note is one of a group of three notes, each with equal dignity. Payable as follows:

“1. Mr. Jack Rothstein, $50,000.00

“2. Mr. Abe Parker, 50,000.00

“3. Sam-Har Realty Co. 50,000.00

“If one note is paid all three must be paid simultaneously.”

In his complaint plaintiff alleged that demand had been made for the…