William Segar, Inc. v. 1967-1975 Ocean Avenue Realty Corp.

The action is by the payee of a promissory note against the maker and indorser for the latter’s accommodation. Both defendants answer and do not deny any of the allegations of the complaint. They allege that the note in question was made for certain work to be rendered and materials to be furnished by the plaintiff to the maker pursuant to an agreement and that the plaintiff performed the work and furnished the materials in an improper and unworkmanlike manner, and failed to perform the work and furnish the materials in accordance with the agreement. The plaintiff moves for judgment against…