Asbury Park & Ocean Grove Bank v. Simensky

This is an action against an indorser of three promissory notes payable to plaintiff’s predecessor in interest. Defendant denies that he ever received notices of presentment for payment and dishonor. Together with his answer, he served upon plaintiff’s attorneys an affidavit indicating an intention on his part to dispute the fact of due notice. Plaintiff moves to strike out the answer and for summary judgment in its favor.

The notes in suit were payable in New Jersey, and the law of New Jersey with reference to proof on the question of the giving of due notice of dishonor is applicable. The…