ADAM METAL SUPPLY, INC. v. TRAUTH MFG. CO., INC

Summary judgment should have been granted on the notes in suit against the indorser, the defendant Friedberg. The notes matured after that defendant, as president and on behalf of the corporate maker, executed the creditors' agreement. By such affirmative action on his, the indorser's part, he must be deemed in law to have waived presentment and notice of dishonor ( O'Bannon Co. v. Curran, 129 App. Div. 90; Mercer v. Hydrocarbon Converter Co., 205 App. Div. 78). Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion for summary judgment granted, and judgment is directed to be entered in favor of the plaintiff and against the defendant Leslie M. Friedberg, with costs.