Opinion
January, 1936.
Present — Sears, P.J., Taylor, Thompson, Crosby and Lewis, JJ.
Order for summary judgment reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum. The release by the holder of a promissory note of security for the obligation of the maker releases the indorsers to the note to the value of the security released. ( Cohen v. Rossmoore, 225 App. Div. 300; Rutherford National Bank v. Manniello, 240 id. 506; affd., 266 N.Y. 568; National Park Bank v. Koehler, 204 id. 174. See Manufacturers Trust Co. v. Steinhardt, 265 id. 145.) The mortgage released by the plaintiff secured the obligations of Harry and Gladys C. Gumaer, the maker and an indorser of the note on which the appellant was an indorser (prior to Gladys Gumaer). It does not conclusively appear on this record that the plaintiff obtained full value of the released mortgage and that the release of the mortgage did not release security for the maker having value. All concur. (The order struck out the answer and directed judgment for plaintiff in an action to foreclose a mortgage.)