Hyperlawhypertext legal database First Nat. Bank of Amityville v. Thomas Kells Sons Co. 139 N.Y.S. 1123

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First Nat. Bank of Amityville v. Thomas Kells Sons Co.

139 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1913-01-10 English

Contents

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p. 1123
FIRST NAT. BANK OF AMITYVILLE v. THOMAS KELLS SONS CO. et al.
(Supreme Court, Appellate Division, Second Department.
January 10, 1913.)

Headnote

Action by the First National Bank of Amityville against the Thomas Kells Sons Company and others. Defendant Louis H. Strouse, assignee, appeals.

Order affirmed, with $10 costs and disbursements, upon the ground that the assignee did not disclose the facts upon which rested the defense that plaintiff took the check with notice that it was issued without authority, but without prejudice to a new application to Special Term by the appellant, on papers which disclose facts which prima facie support his defense.