Bankers Trust Co. v. International Railway Co.

Headnote

Bills, notes and checks — action to recover balance due on note alleged to have been made for benefit of defendant though not made or indorsed by it.

Bankers Trust Co. v. International Ry. Co., 207 App. Div. 579 , affirmed.

Appeal from a judgment, entered January 16, 1924, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover a balance alleged to be due upon a promissory note made by the International Traction Company' to

the order of the plaintiff. The claim of the plaintiff was that while the note in question was not made or indorsed by the defendant, it was made for the benefit of the defendant to raise money that was used by the defendant, and that the' defendant agreed to pay the consideration therefor. This was denied by the defendant.