Carpenter v. Cummings

Van Wyck, Ch. J.

The action is upon a promissory note made by defendant to the order of one Strauss, indorsed by bim and discounted for him before maturity by the bank that assigned it to plaintiff. The third defense of the answer is, that plaintiff is not the real party in interest, and that said Strauss is the real party in interest. Plaintiff’s proof is, that the bank, by order of its directors, transferred, by written assignment under seal, the note duly indorsed by the payee to plaintiff, and at the same time delivered the note to him so indorsed; that the note has ever since been in his…