Modern Industrial Bank v. Taub

The opinion of the court was delivered by

Heher, J.

The action is upon a promissory note made by defendant Taub to the order of Riker & Company, Inc., and indorsed by Taub and the defendant Ostroff. The answer introduced by Taub and Ostroff was struck out as either sham or frivolous; and there was summary judgment for plaintiff. The Supreme Court affirmed the judgment against Ostroff, but reversed as to Taub and directed the issuance of a venire da novo. While the appeal was taken in the names of both defendants, they attack only the judgment against Ostroff. Plaintiff’s cross-appeal challenges…