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New Rochelle Securities Co. v. International Thrift Society, Inc.

Court of Appeals of the State of New York
Jan 28, 1936
200 N.E. 71 (N.Y. 1936)

Opinion

Submitted January 14, 1936

Decided January 28, 1936

Appeal from the Supreme Court, Appellate Division, Second Department.

Walter H. Young for appellant.

Milton Mayer and Aaron Simmons for respondents.


The judgment should be affirmed upon the ground that the note in suit had been materially altered without the consent of the respondents, that plaintiff's assignor was not a holder in due course as it was apparent on inspection that the note had been altered, and the plaintiff failed to sustain the burden of proof upon the question of alteration of the note. (See sections 91, 205 and 206 of the Negotiable Instruments Law [Cons. Laws, ch. 38]; National Ulster County Bank v. Madden, 114 N.Y. 280.) Other points raised not answered.

The judgment should be affirmed, with costs.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ., concur.

Judgment affirmed.


Summaries of

New Rochelle Securities Co. v. International Thrift Society, Inc.

Court of Appeals of the State of New York
Jan 28, 1936
200 N.E. 71 (N.Y. 1936)
Case details for

New Rochelle Securities Co. v. International Thrift Society, Inc.

Case Details

Full title:NEW ROCHELLE SECURITIES COMPANY, Appellant, v. INTERNATIONAL THRIFT…

Court:Court of Appeals of the State of New York

Date published: Jan 28, 1936

Citations

200 N.E. 71 (N.Y. 1936)
200 N.E. 71

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