Eaton v. Laurel Delicatessen Corp.

This is an appeal from an order denying plaintiffs’ motion for summary judgment pursuant to rule 113 of tbe Buies of Civil Practice.

This is an action upon 23 promissory notes executed by respondent corporation indorsed by tbe individual respondents and delivered to defendant Pumo, a contractor engaged to do certain work for tbe respondents.

Pumo sought to negotiate a sale of 24 of tbe series of 48 notes to tbe plaintiffs. Tbe plaintiffs, prior to tbe purchase thereof, obtained a written agreement from tbe corporate respondent on July 22, 1957 which warranted that the notes were a true…