Butler v. Di Gennaro

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: In an action on a series of promissory notes, the second affirmative defense alleges that by a fraud practiced upon a stranger with whom defendants have shown no connection, plaintiff was enabled to sell to defendants the shares of stock for which the notes were given. There is no claim of failure of consideration or that plaintiff’s title to the shares was defective. Nor do defendants allege that they relied upon the alleged misrepresentation that it deceived them or was intended to do so, or…