Manufacturers & Traders Trust Co. v. Barry Warehouses, Inc.

Plaintiff appeals from an order denying its motion to grant summary judgment against the defendants-respondents, Richard J. Allaire and Dorothy B. Allaire ("Allaires”). The facts are not in dispute. The action was based upon a demand note and a loan agreement owing to the plaintiff-appellant, Manufacturers and Traders Trust Company ("M & T”), in the amount of $31,052.65 with interest. Subsequently Allaires, by virtue of a guarantee and indemnity agreement dated September 19, 1972 became personally liable to M & T for the afore-mentioned indebtedness of Barry Warehouses ("Barry”). At the time…