Axinn & Sons Lumber Co. v. Meadow Brook National Bank

Motion by the defendant for an order pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings and dismissing the complaint on the ground that it fails to state facts sufficient to constitute a cause of action is granted.

Since the answer puts in issue (1) the allegation of paragraph “ seventh ” of the complaint, i.e., that the plaintiff delivered notes to the defendant, (2) the allegation of paragraph “ eighth ”, i.e., that the defendant undertook to notify indorsers, (3) the allegation of paragraph “tenth”, i.e., that the defendant negligently failed to give notice of…