TRIMBLE v. BEAUDRY


2 A.D.2d 704 (1956)

Lenore S. Trimble, Respondent, v. Arthur A. Beaudry, Appellant

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

June 18, 1956


Order, insofar as appealed from, and judgment entered thereon, reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

The affidavits submitted in opposition to the motion raise a triable issue of fact as to the execution and delivery of the note. Since it is claimed by appellant that a negotiable note was given to respondent for the money loaned, this action must await trial so that it may be established by factual proof whether a note was...

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