Hellawell v. Garrett Busch & Son, Inc.

McLaughlin (Alonzo G.), J.

The plaintiff, receiver of the First National Bank of Hempstead, seeks to recover from Bertha Busch, individually, and as executrix of George P. Busch, deceased, the sum of $4,075 upon a promissory note made and delivered to the bank by defendant Garrett Busch & Son, Inc., and indorsed by Garrett Busch individually, and by the defendant Bertha Busch, as follows: “ George P. Busch Estate by Bertha Busch Executrix.”

The defendant Bertha Busch contests plaintiff’s right to recover against her individually on such indorsement, and asserts by way of affirmative defenses:…