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Ascher v. George J. Atwell Co.

246 A.D. 593 Court N.Y. App. Div. English

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p. 593
Henry Ascher and Adeline Opladen, Formerly Adeline Ascher, as Administrators, etc., of John J. Ascher, Deceased, Appellants, v. George J. Atwell Co., Inc., Defendant, Impleaded with George J. Atwell, Respondent.

The complaint is based upon a promissory note in the sum of $11,500 payable to the order of the plaintiffs’ testator which is signed “ George J. Atwell Co., G. J. Atwell, Prest.” The action was brought against the corporation and the individual defendant under an allegation that “ said defendants ” made the note. Order granting motion of defendant-respondent for judgment on the pleadings dismissing the complaint as against him, and the judgment entered thereon, unanimously affirmed, with costs. No opinion. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.