Guardian Agency, Inc. v. Guardian Mutual Savings Bank

The plaintiff appeals from that portion of an order which overruled its demurrer to the first defense stated in the answer of the defendant, Guardian Mutual Savings Bank, to a complaint alleging facts under which the plaintiff seeks to recover money owing under an agreement dated January 29, 1937. That agreement, entered into between the defendant and L. M. Kesselman and assigned by him to the plaintiff, provides that the defendant will make certain payments in consideration of Kesselman’s releasing the defendant from its obligations 'under agreements dated June 22, 1934, and July 28, 1936.…