131 Misc. 276 | N.Y. Sup. Ct. | 1928
The answering affidavits fail to set forth any facts sufficient to entitle the defendants Cromwell to defend. The statements by their attorney that he is informed and believes from correspondence in his possession that no consideration was received by the defendants Cromwell, without annexing such correspondence or indicating to the court the basis of his conclusions, are clearly insufficient to defeat the motion for summary judgment. They fail to disclose facts which would show any defense even if Rubinstein, the payee, were the plaintiff in an action upon the note. The fact that the Seventh National Bank of New York may have been paid part of the note by Rubinstein, who indorsed it to plaintiff, as to which payment there is some dispute, cannot avail the Cromwells, since they are primarily liable, as makers, and Rubinstein only secondarily liable. No claim is made that the defendants Cromwell were accommodation makers, and nothing in the way of evidence is adduced which