Eliasz v. Broadway Bank & Trust Co.

The opinion of the court was delivered by

Haneman, J. A. D.

Plaintiffs appeal from a summary judgment dismissal of their action seeking the recovery of an alleged overpayment on a promissory note prior to maturity consisting of a claimed right to rebate for prepaid interest.

*4Counsel for plaintiffs has presented a truncated record consisting of a notice of appeal, complaint filed in the District Court, a short portion of the transcript of the argument on the motion (apparently three short paragraphs out of the trial judge’s opinion, which would seem to cover at least two pages), excerpts from the…