232 A.D. 149 | N.Y. App. Div. | 1931
The action is upon a series of notes made by defendant to the order of plaintiff, under a written agreement, pursuant to which they were issued and which contains an acceleration clause.
The answer pleads, among other things, a failure of consideration.
But this error is of no avail to appellant, because no facts were presented upon which a jury might have determined that issue in his favor. The record clearly discloses that there was no evidence showing an absence or failure of consideration to rebut the presumption of consideration carried by the notes themselves.
The determination appealed from should be affirmed, with costs.
Finch, P. J., McAvoy, Martin and O’Malley, JJ., concur.
Determination affirmed, with costs and disbursements.