Arnowitz v. Cohen

Opinion by

Linn, J.,

This judgment, entered for want of a sufficient affidavit of defense, cannot be sustained; such judgments should only be entered where the right to judgment is clear; in this case it is not.

The suit is on ,a check for $1230 and is brought by Louis Arnowitz whose name does not appear on the check. The cheek was drawn by defendant to the order of Joseph Kurlander; it is endorsed by him and by G. Arnowitz and by a bank. The statement does not identify Louis Arnowitz with Gk Arnowitz. The plaintiff avers that “Kurlander endorsed the said check in the usual course of business…