156 N.Y.S. 320 | N.Y. App. Term. | 1915
Assuming that plaintiff is the holder of the $350 note, it came to him without indorsement and, under the proof, it came to him from the payee and not from the bank. There is nothing in the record which would permit of a finding that the bank assigned it to the plaintiff. The payee himself took up. the note from the bank on the day it was due, and under such circumstances the payee, and not the plaintiff, then became the holder, and the plaintiff cannot be said to
Maddox and Kelby, JJ., concur.
Judgment as to $350 note reversed and new trial ordered, and judgment as to $50 note affirmed, with costs.