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TROPHY PRODS., INC. v. SMITH

41 A.D.2d 817 (1973)

Trophy Productions, Inc., Respondent, v. Joseph P. Smith, Appellant, and Pathe Pictures, Inc., Defendant Trophy Productions, Inc., Respondent, v. Joseph P. Smith, et al., Appellants, and Pathe Pictures, Inc., Defendant

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

April 10, 1973

On the record we find that there are at least three triable issues which cannot be resolved on the conflicting affidavits. These issues are whether the notes in suit were transferred to the plaintiff as an agent to collect for the payee, which agency was revoked before suit was brought; whether the notes were altered; and whether the notes were replaced by subsequent notes which...

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