Barclay Commerce Corp. v. Finkelstein

This is an appeal from an order denying plaintiff’s motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice.

January 15,1958, plaintiff and the corporate defendant entered into a factoring agreement. Simultaneously Avith the execution of such agreement the individual defendants, in order to induce plaintiff to enter the factoring agreement, executed a Avritten agreement guaranteeing payment of moneys Avhich might become due.

Subsequently, plaintiff purchased accounts receivable, making its last advance to the corporate defendant on April 17, 1959, at Avhich time the…