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UPRIGHT v. MERCURY BUS. MACH. CO.

13 A.D.2d 36 (1961)

Walter Upright, Appellant, v. Mercury Business Machines Co., Inc., Respondent

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

April 11, 1961.

Attorney(s) appearing for the Case

David W. Kahn for appellant.

Kenneth Simon of counsel (Taylor, Scoll & Simon, attorneys), for respondent.

RABIN, STEVENS and EAGER, JJ., concur with BREITEL, J. P.; STEUER, J., concurs in result in opinion.

BREITEL, J. P.

Plaintiff, an individual, sues as the assignee of a trade acceptance drawn on and accepted by defendant in payment for business typewriters sold and delivered* to it by a foreign corporation. The trade acceptance is in the amount of $27,307.45 and was assigned to plaintiff after dishonor by defendant.

Involved on this appeal is only the legal sufficiency of the...

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