Passaic National Bank & Trust Co. v. Simon

The opinion of the court was delivered by

Bodine, J.

This is an appeal from a judgment of the Supreme Court. The action was upon a promissory note for $7,250 discounted at the plaintiff bank, and not paid at maturity. The defendant, an endorser, filed an answer, which was struck as sham, alleging lack of the statutory notice of dishonor. It appeared from the pleadings and affidavits submitted that the defendant had some time before endorsing the note in suit procured accommodation from the bank on his own note upon which a balance was still due, and had pledged as security a bond and mortgage…