Order affirmed, with $10 costs and disbursements.
Prior to the making of the note, the bank had honored four checks which defendant Rogers & Haggerty, Inc., had drawn on its account with the bank and which were payable to the nonappealing defendant, Sol-Mar Painting & Decorating Co., Inc. A dispute ensued between Rogers and the bank as to whether the bank should have refused to pay the checks. The dispute was lulled by the bank's lending Rogers an amount of...
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