First National Bank v. Thomas Kells Sons Co.

Majority

p. 952

First National Bank of Amityville, Respondent, v. Thomas Kells Sons Company and Others, Defendants. Louis H. Strouse, Assignee, etc., of Thomas Kells Sons Company, Appellant.

Headnote

Order affirmed, with ten dollars costs and disbursements, upon the ground that the assignee did not disclose the facts upon which rested the defense that plaintiff took the cheek with notice that it was issued without authority, but without preju

p. 953

dice to a new application to Special Term by the appellant, on papers which disclose facts which prima facie support his defense.

Hirschberg, Burr, Thomas, Carr and Woodward, JJ., concurred.