AUSTIN, NICHOLS v. COLLINGWOOD BAR


11 Misc.2d 483 (1958)

Austin, Nichols & Co., Inc., Respondent, v. Collingwood Chestnut Bar Corp., Defendant, and Sadie R. Farb et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 23, 1958.


Attorney(s) appearing for the Case

Max Epstein for appellants.

Herbert Carr for respondent.

HECHT, J. P., AURELIO and TILZER, J.J., concur.


Per Curiam.

The papers sufficiently raise questions of fact as to notice of presentment, dishonor and protest and timeliness thereof, which should be passed upon by trial rather than determined upon a motion for summary judgment. Moreover, failure to give notice of dishonor and protest for nonpayment to the indorsers is not excused by reason of the fact that they were officers of the corporate maker of the dishonored...

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