APPROVED FACTORS v. IMPERIAL BOLT CO.


11 Misc.2d 933 (1958)

Approved Factors, Appellant, v. Imperial Bolt & Screw Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

January 23, 1958.


Attorney(s) appearing for the Case

Julius H. Bregman and Sidney M. Gross for appellant.

Bennett I. Schlessel for respondent.

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


Per Curiam.

We conclude Mr. Mont's alleged identification of Silverman's voice heard more than eight months before he heard it in the courtroom when Silverman testified at the trial is not convincing and is against the weight of credible evidence. Since this is the only evidence touching on the question of whether or not plaintiff had notice that the note was given for the accommodation of Broadway Metals, plaintiff is in the position of a holder in due course...

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