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TRUST CO v. VALLEY CADILLAC

91 Misc.2d 511 (1977)

Security Trust Company of Rochester, Plaintiff, v. Valley Cadillac Corp., Defendant.

Supreme Court, Monroe County.

March 29, 1977

Attorney(s) appearing for the Case

Bernstein, White & Bernstein (David A. White of counsel), for plaintiff. Fitzgerald & Fitzgerald (Daniel F. Fitzgerald, Jr., of counsel), for defendant.

ROBERT H. WAGNER, J.

This case was tried before me without a jury. On the testimony and the evidence and upon due consideration, I make the following findings of fact:

In February, 1973, one Henry A. Calleri applied for and received a loan in the amount of $5,000 from the plaintiff, Security Trust Company of Rochester. The proceeds of the loan were first used to pay a previous indebtedness to the bank in the amount of $3,900.94. This payment removed...

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