Manufacturers Trust Co. v. Palmer — 13 A.D.2d 772

Majority

p. 772

Manufacturers Trust Company, Appellant, v. Archibald Palmer, as Trustee for Modern Tours, Inc., Respondent. Manufacturers Trust Company, Appellant, v. Bernard Berman, Respondent. Manufacturers Trust Company, Appellant, v. Isaac Berman, Respondent.

Three orders entered on December 4, 1959, denying plaintiff’s motions for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, the motions granted, with $10 costs, and an assessment of damages directed. The alleged oral agreement varying the unconditional obligations of the notes in suit cannot be availed of as a defense. (Ford v. Hahn, 269 App. Div. 436 .) The allegations of the defendants fail to sustain the defense of fraud. Moreover, public policy requires that a person executing an instrument constituting an obligation to a bank be estopped from enforcing an oral agreement not to enforce it according to its terms. (Mount Vernon Trust Co. v. Bergoff, 272 N. Y. 192 .) Concur — Botein, P. J., Breitel, Valente, McNally and Bergan, JJ.

Cases cited

Mount Vernon Trust Co. v. Bergoff 272 N. Y. 192 N.Y. 1936-11-24 p. 772