Marcus v. Fabrikant

Plaintiff moves for partial summary judgment, pursuant to rule 114 of the Buies of Civil Practice, against defendant Federation Bank. Defendant Nationwide Capital delivered its promissory note to defendant Federation Bank in the sum of $250,000, payable four months from the date of delivery thereof. At the time of the making and delivering of the note (Feb. 9, 1959), plaintiff, at Federation’s request, delivered a check for $100,000 and deposited same in defendant bank. On the reverse side thereof, there appeared the following Igend: “To be held as collateral by Federation Bank & Trust Co.…