Nissenberg v. Felleman

The plaintiffs and the defendants, all residents of Massachusetts, were stockholders, officers, and directors of Furniture & Toy Company, Inc. (Furniture), a Massachusetts corporation, which had made with Whitehall Mercantile Corporation (the factor), a New York corporation, an agreement (the agreement) dated June 19, 1956, to provide for securing certain loans. A written guaranty agreement (the guaranty), also dated June 19, 1956, was executed by each plaintiff and each defendant. By this instrument, the signers jointly and severally guaranteed “the due payment and performance by” Furniture…