Legal Opinion

Fraioli v. Kalb

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 1961Published

1Per curiam

This is an appeal from an order entered May 1, 1961, dismissing the first cause of action for insufficiency.

The first cause óf action is against the individual defendants as guarantors on a collateral promissory note. It is alleged that the defendants guaranteed payment of a long-form collateral note made payable by Herold Radio & Electronics Corporation to Austin Associates, Inc., subsequently assigned by them to Sheffield Commercial Corporation as security for the repayment of Austin’s note to Sheffield, and later acquired by plaintiff, who is now the holder thereof. The complaint further…

2Cases cited3 opinions

  1. Manufacturers Trust Co. v. SteinhardtNew York Court of Appeals · 1934
  2. Mexico v. MunzerNew York Supreme Court · 1946
  3. Spencer v. DrakeAppellate Division of the Supreme Court of the State of New York · 1903

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