Marks Bros. Paving Co. v. Mt. Vernon Homes, Inc.

CARROLL, Judge.

The appellant filed an action on two-promissory notes, against the maker, Mt. Vernon Homes, Inc., and four indorsers, David Weinstein, Michael Melfa, Abraham Kasow and Jack Schenkman. The complaint alleged the individuals were accommodation indorsers. Attached thereto were copies of the notes showing the in-dorsements, preceded by the following language: “In case of default payment of this note guaranteed by:” Defendants answered and the case was tried before the court without a jury. Judgment was granted against the maker, but in favor of the indorsers upon concluding that…