Edelman v. National Bank & Trust Co.

Plaintiff, suing as indorsee of five promissory notes, moves to have defendant’s answer stricken out and for summary judgment. Defendant is the executor of the estate of a deceased payee and indorser. Deceased indorsed and delivered the notes to plaintiff and died before the maturity of any of them. None of the makers is made a defendant. As to four of the notes it is claimed by plaintiff in affidavits submitted in support of the motion that the signatures of the makers are forgeries. On each of these four notes an additional or alternative cause of action for damages is set forth in the…