Gursey v. Campus Camera Shop, Inc.

This is defendant’s appeal from an order granting a new trial on plaintiff’s motion. Also, plaintiff appealed from the judgment, but it will be dismissed.

The action is founded upon a promissory note for $5,974 which defendant executed in favor of Cycon, Inc., a corporation, on October 27, 1947, and which was endorsed thereafter by plaintiff as an accommodation. After payments had reduced the principal of the note to $2,986.94, on demand of its holder, plaintiff paid the amount then due and the note was assigned to him.

As affirmative defenses to the complaint defendant alleged that (1) in May,…