MORGAN GUAR. TRUST CO. OF NEW YORK v. SWISS CORP. FOR CANADIAN INVS., LTD.


61 A.D.2d 740 (1978)

Morgan Guaranty Trust Company of New York, Plaintiff, v. Swiss Corporation for Canadian Investments, Ltd., et al., Appellants, et al., Defendants, and Sami Bsat, Respondent

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

February 7, 1978


The record before us discloses substantial issues of fact concerning defendant's status as a holder in due course. Among the factual issues presented, bearing directly on the defendant's status, are whether or not the defendant took the instruments: (1) for value; (2) in good faith; and (3) without notice that they were overdue or had been dishonored or of any defense against or a claim to them on the part of any person. (Uniform Commercial Code, § 3-302, subd [1]; ...

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