Gutmann v. Gutmann

Plaintiff moves for summary judgment. The action is for recovery of $8,780 on three alleged notes signed by defendant. The first note is for $2,500, payable in or about March, 1962. The second note is for $2,500, payable March 15, 1962. The third instrument merely states that defendant received $3,630 and $150 to be used for business purposes, without indicating in any way that it was a note or personal loan. The alteration of said instrument is immaterial because defendant admits the accuracy of the amount claimed by the plaintiff. Were it not for the fact that the defendant flatly admits…