140 Misc. 74 | N.Y. App. Term. | 1930
Judgment and order unanimously reversed upon the law, with costs to appellants, and motion for summary judgment denied, with ten dollars costs.
The moving papers do not comply with rule 113 of the Rules of Civil Practice. They do not state the belief of any one having knowledge of the facts that there is no defense to the action. Furthermore, the opposing affidavit sets forth facts which, if true, would establish that there was a failure of consideration for the note. Of course this would be no defense against a holder in due course. But it cannot be said as a matter of law upon this record that the trust company which discounted the note for the payee
All concur; present, Cropsey, MacCrate and Lewis, JJ.