Cavalluzzo v. Diamond

Martin, Francis, J.

This is an action instituted by the plaintiff against the defendant on a promissory note for the sum of $5,000. The trial was before the court, without a jury. A jury was waived. That the note was duly executed and delivered for value is not questioned. The defendant’s answer, however, sets up the defense that prior to the institution of this action the plaintiff commenced an action for the foreclosure of a mechanics’ lien wherein judgment had been rendered in favor of the plaintiff and against the defend*646ant. The note here was given for work which in part is the basis of…