FIRST NAT'L BANK OF HIGHLAND v. THOMPSON


278 A.D. 600 (1951)

First National Bank of Highland, Appellant, v. Dorothy W. Thompson, Defendant, and Donald Weaver, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.


The action is founded upon a promissory note and is brought against defendants as indorsers thereof. The motion was against the defendant-respondent, who had answered the complaint, the other defendant not then having been served nor having appeared. Plaintiff's moving affidavit on the face thereof established its cause of action as against the defendant-respondent and we fail to find anything in his opposing affidavit which may be deemed to set forth facts sufficient to...

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