Westchester Trust Co. v. Fox

Order striking out defendants’ answer and granting summary judgment to the plaintiff in an action upon a promissory note and judgment entered thereon reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with .ten dollars costs. It may be that under the defense interposed there is an issue of fact as to the true nature and character of the transactions had on June 30, 1931, and subsequently thereto between the parties. If there be no issue of fact, then that which is asserted by the defendants may be held to bring the situation within the protection…