Legal Opinion · Dissent

Overseas Credit Corp. v. Cal-Tech Systems, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 27, 1964Published

1Dissent

Eager, J. (dissenting).

I would reverse the orders appealed from and deny plaintiff’s motion for summary judgment without prejudice to renewal of the motion on completion of disclosure proceedings.

This action is brought to recover the amount of two promissory notes, made by the defendant Cal-Tech Systems, Inc. and indorsed by the defendant Ezrine, each in the amount of $25,000, each dated May 31, 1962 and bearing interest at 6%, with one payable on October 30 and the other on November 30, 1962.

The notes were the last two of a series of notes, numbered 1 to 6, made payable to the order of one…

2Cases cited14 opinions

  1. Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
  2. Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
  3. Second National Bank v. WestonNew York Court of Appeals · 1902
  4. American Exchange National Bank v. New York Belting & Packing Co.New York Court of Appeals · 1896
  5. Seymour v. . McKinstryNew York Court of Appeals · 1887

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