MIDTOWN COMMERCIAL CORP. v. KELNER


29 A.D.2d 349 (1968)

Midtown Commercial Corp., Appellant, v. Louis Kelner, Also Known as Louis Kelner Account Number One, Respondent, et al., Defendants

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

March 12, 1968.


Attorney(s) appearing for the Case

Louis Brown for appellant.

Frank S. Jaquinto of counsel (Maxwell S. Pfeifer, attorney), for respondent.

BOTEIN, P. J., EAGER, TILZER and RABIN, JJ., concur.


STEUER, J.

This action is upon two checks, one for $2,500 and one for $1,000. Both checks were issued to one Rosenthal by Kelner, the defendant-respondent. The issue on this appeal is whether Kelner has any defense to the checks.

The facts which for the purpose of this motion are undisputed are as follows: Rosenthal, who was desirous of raising money, approached Kelner to obtain his assistance. Rosenthal gave Kelner his postdated checks in the...

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