Commercial Banking Corp. v. Rooney

Dalton, J.,

— This matter is before us on an affidavit of defense raising questions of law.

Plaintiff, Commercial Banking Corporation, as endorsee and alleged holder in due course, brings this action of assumpsit against defendant, C. E. Rooney, as endorser of a certain promissory note, payable to the order of the said C. E. Rooney. It is alleged in the amended statement of claim that the note in question was made by one Diamantino Simoes and delivered by him to defendant; that defendant endorsed the said note to plaintiff (under circumstances hereinafter more fully described); that plaintiff…