Rearwin v. Bullwinkel

Fbaüstk Del Vecchio, J.

Plaintiff seeks to hold defendant liable as indorser on a note in the sum of $1,000 executed by Eobert E. Nelson, president of Eobin Construction Corp., on May 11, 1955 payable, without interest, 10 months thereafter at the rate of $100 per month beginning one month from the date of said note.

Both parties have moved for summary judgment.

As to the plaintiff’s motion: Defendant’s affidavit dated November 7,1956 creates a question of fact with regard to timely notice of dishonor which was necessary to charge him as an indorser after default in payment. (Negotiable…