Dubler v. Toscana Straw Goods Corp.

Motion for reargument. While ordinarily the court would not entertain an application for rehearing at this late day, special circumstances, as disclosed by the record of the proceedings heretofore taken in this action, exist for a departure from the usual procedure.

The action is to recover on five trade acceptances dated February 28, 1928, executed by plaintiffs to the order of themselves and accepted by defendant, payable, respectively, on July, August, September, October and November 12, 1928. The answer sets up as a separate defense that the trade acceptances were made payable at the…