Saslaw v. Rosenfeld

ROVER, Chief Judge.

Suit was brought against appellant by one Keyser for the balance due on a promissory note. Appellant answered denying the indebtedness and brought appellee into the case as a third-party defendant- alleging;, that as his attornev. aooellee. had with. out consent permitted ICeyser to apply payments made on the note to an open account which appellant denied owing.

Appellee moved for summary judgment on the ground that the third-party action was barred by a release. Through affidavits and documents submitted in support of his motion, appellee established that pri- or to the…