DUBE v. CROMWELL DRUG CO., INC.


284 A.D. 1040 (1954)

Harry S. Dube, Respondent, v. Cromwell Drug Co., Inc., Appellant, et al., Defendant

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

December 21, 1954.


Per Curiam.

Plaintiff has been granted summary judgment on a series of notes of which defendant-appellant is the maker, plaintiff's nephew is the payee, and plaintiff the holder by his nephew's indorsement. The answer pleads as defenses failure of consideration for the notes and that the issuance of the notes was ultra vires, all to plaintiff's knowledge, so that he was not a purchaser in good faith.

It appears from the moving and answering affidavits...

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