Chemical Bank New York Trust Co. v. Amory

Order entered July 21, 1966, herein appealed from, unanimously reversed on the law, with $50 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs. The complaint alleges that defendant, on or about October 10, 1958, executed a written instrument guaranteeing payment of a demand promissory note executed and delivered October 10, 1958 in the sum of $52,353.49. The face amount of the note, plus interest, was paid by the maker. Thereafter on November 13, 1958, the maker of the note filed a voluntary petition in bankruptcy. Subsequently the trustee…