Credito Italiano v. Rosenbaum

Untermyer, J. (dissenting in both actions).

These are appeals in two actions by the defendant Rosenbaum from orders in each action denying the defendant’s motion for summary judgment dismissing the complaint and granting the plaintiff’s motion for summary judgment, and the' judgments entered thereon. Both actions involve identical questions and it is conceded that the result in the second action must follow the result in the first.

The first action is upon four promissory notes aggregating 570,000 lire, executed by the defendant George G. Levi and indorsed by his father-in-law, the appellant…