PARK AVE. CREDIT CORP. v. S. K. R. MEAT MKT., INC.


4 Misc.2d 1056 (1956)

Park Ave. Credit Corp., Appellant, v. S. K. R. Meat Market, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

December 13, 1956.


Attorney(s) appearing for the Case

Joseph Delman for appellant.

Irving I. Zimmerman for respondent.

PETTE, HART and DI GIOVANNA, JJ., concur.


Per Curiam.

It was error to instruct the jury to return a verdict for the defendant if they found that plaintiff's president knew of the existence of the conditional sales contract when the notes were discounted by plaintiff. In the absence of evidence that plaintiff acquired the notes with knowledge of any breach of the contract out of which the notes evolved, the jury could upon proper proof find that plaintiff...

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