Tarrytown National Bank & Trust Co. v. McMahon

Action upon a promissory note indorsed by defendants Robert J. Warren and Fred J. Warren. Order denying plaintiff’s motion for summary judgment under rule 113 of the Rules of Civil Practice reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The defense of the Warrens was that they were indorsers of the note for the accommodation of the plaintiff bank and that the said note was in renewal of a similar note which had been indorsed by their father. They claimed that the bank had agreed that the note was not to be a personal obligation but…