De Sairigne v. Gould

This is a motion to dismiss the complaint for insufficiency and invalidity and for certain alternative relief. The complaint purports to set forth a cause of action upon a check in the amount of $400,000 made and delivered on February 20, 1944 at Juan les Pins, France, by the defendant, a resident of the State of New York, to the plaintiff. It also asserts that the check drawn upon defendant’s account with a New York bank remains unpaid. No consideration is alleged.

The defendant contends (1) that the check issued in enemy-occupied France during World War II was nonnegotiable and its…