Greenberg v. Ughetto

The action herein is brought to recover on various promissory notes (not alleged to have been in negotiable form). In support of the motion for summary judgment one of the plaintiffs alleges that the notes were given in payment of various quantities of furniture manufactured by the plaintiffs according to samples submitted by defendant and delivered by plaintiffs to defendant. As opposition to the motion for summary judgment defendant in his answering affidavit refers to his answer, and describes same as follows:

“ 5. That for a first affirmative defense, defendant alleges that the notes were…