Gourley v. Adams

In this action to recover upon an agreement for contribution made among indorsers of a promissory note, certain ■'defenses were pleaded which have been attacked by this motion. The first defense is that the plaintiff is not the real party in interest. As pleaded the defense is bad under the decisions of this court in Ludlow v. Woodward (117 App. Div. 525) and General Investment Co. v. Interborough Rapid Transit Co. (200 id. 794). The third defense is that plaintiff was covered by security for the amount of the indebtedness involved in the complaint. As pleaded, however, the defense is…