Smith v. Cranleigh, Inc.

On their motion for summary judgment the plaintiffs submitted proof, which stands uncontradicted, fully establishing the assignments made to them in writing of all of the notes sued upon by each of the several payees and thus their right to maintain the action.

The order denying the motion for summary judgment was made in deference to a prior decision which held that plaintiffs were required to allege and prove presentment to the defendant of the assignments by the payees to the plaintiffs as a condition precedent to their right'to sue. We think this was an erroneous view and that the…