SLOTE v. CAPITAL EXCH. CORP.


30 A.D.2d 647 (1968)

Maxwell Slote, as Trustee in Bankruptcy of Elmcliff Corp., Appellant, v. Capital Exchange Corporation, Respondent

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

June 11, 1968


Order entered February 2, 1968, unanimously reversed, on the law, with $50 costs and disbursements to abide the event, and the case remanded for trial on the issues raised by the defenses by way of setoff.

Plaintiff, as trustee in bankruptcy, sues on a promissory note for $50,000. There is no defense to the note but by way of setoff defendant pleads that it is the holder of two notes made by the bankrupt, which notes exceed in amount the note sued upon. An inspection...

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