Warner-Lambert Pharmaceutical Co. v. Sylk

MEMORANDUM AND ORDER

HANNUM, District Judge.

Presently before the court is plaintiff’s motion for summary judgment pursuant to Fed.R.Civ.P. 56. This controversy arose out of a default in the payment of a note due October 31, 1969, by Collins Wholesale Drug Co., Inc., (hereinafter referred to as “Collins”). Pursuant to an out of court settlement of .a law suit against Collins in New Jersey, the defendant, William Sylk, endorsed and guaranteed the payment of thirteen promissory notes.

On November 1, 1969, the third note became in default, and payment on the balance of the remaining notes, by their…