County Trust Co. v. Mara

Martin, J. (dissenting).

The plaintiff, a banking institution, brought actions against the defendant Timothy J. Mara upon a note for $50,000, and against the defendant Patrick F. Kenny *213upon a note for $20,000, both notes being dated November 24, 1930, and being payable six months thereafter. The original notes were for $50,000 and $25,000, respectively.

Similar defenses were interposed in each case to the effect that the respective notes were executed for the accommodation of the plaintiff without consideration, that the plaintiff was not a holder in due course, and that the notes were…