Montgomery Bank & Trust Co. v. Jones — 230 N.Y. 580

Majority

p. 580

Montgomery Bank and Trust Company, Respondent, v. Richard W. Jones, Jr., et al., Appellants.

Headnote

Bills, notes and checks —■ action on two promissory notes — defense that sufficient had been realized from collateral to pay same.

Montgomery Bank & Trust Co. v. Jones, 182 App. Div. 252 , affirmed.

(Argued December 7, 1920;

decided December 31, 1920.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1918,'modifying and affirming as modi

p. 581

tied a judgment in favor of plaintiff entered upon a verdict. The action was to recover upon two promissory notes, together with reasonable attorney’s fees and costs of collection. The answer sets up as a separate defense the giving of collateral security and the realization thereon by plaintiff of an amount more than sufficient to pay the notes.

Charles A. Winter for appellants.

James S. Johnson and Erskine B. Essig for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.