Unadilla National Bank v. McQueer

Defendant H. J. MoQueer appeals from an order and judgment granting summary judgment under CPLR 3213 to plaintiff in this action brought to collect on a note made by appellant and negotiated to plaintiff. On March 17, 1966 MoQueer purchased a truck and milk cooling tank from the defendant Johnson’s Garage, Inc., for the sum of $10,698. He signed a note for this amount on one of plaintiff’s printed forms supplied by the garage. Rex Hinman, general manager of Johnson’s Garage, wrote in the terms of payment in his own hand before MoQueer signed. Johnson’s Garage, Inc., was the payee and there…