Lumber Industries, Inc. v. Woodlawn Furniture Corp.

Order, entered April 27, 1966, denying the motion of plaintiff-appellant for summary judgment in its favor, unanimously reversed, on the law, with $50 costs and disbursements to plaintiff, and the motion is granted. Plaintiff sued on 19 defaulted promissory notes, signed by the corporate defendant and guaranteed by its sole stockholder, the individual defendant. The notes represent unpaid sums arising out of two contracts between the parties. Defendants admit the execution and delivery of the notes as well as default but assert two defenses (each of which is also designated as a…