PH. WECHSLER & SON v. WINSTON


17 Misc.2d 212 (1959)

Ph. Wechsler & Son, Inc., Plaintiff, v. Charles Winston, Defendant.

Supreme Court, Special Term, New York County.

January 26, 1959.


Attorney(s) appearing for the Case

Richard W. Wallach for plaintiff.

Weisenthal & Weisenthal for defendant.


SAMUEL H. HOFSTADTER, J.

Plaintiff moves for summary judgment. He sues as the holder of notes indorsed by the defendant. The latter fails completely to support by affidavit the alleged defense that the indorsement was added after delivery of the notes upon a condition which has failed by reason of which the consideration has failed. Since the defendant has not asserted that plaintiff requested his indorsement after delivery of the notes upon any collateral...

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