Atlantic Bank v. Carnegie Hall Corp. (25 AD2d 301 [1st Dept 1966]) involved a promissory note endorsed by the defendants as accommodation endorsers for an orchestra. At the time the defendants endorsed the note, they were unaware that the orchestra's account at plaintiff bank was overdrawn and that the note would be used to pay the overdraft, rather than to promote a series of concerts (the proceeds of which would have paid the promissory note). In ordering a new trial, the First Department held that whether the plaintiff's conduct "was calculated to and did induce defendants to believe the proceeds of the loan would be available for the promotion of the 1963-1964 series of concerts ... presented issues of fact." The court reasoned that, "having assumed to respond to defendant Warburg's inquiry, it was plaintiff's duty 'to speak fully and truthfully.' " (Id., at 306.)