New Rochelle Securities Co. v. International Thrift Society, Inc.

Judgment in so far as it affects appellants reversed on the law and the facts, with costs, and complaint as to appellants dismissed, with costs. Action against the maker and accommodation indorsers on a negotiable demand note. It appears from the face of the instrument that its date was changed from September 9, 1930, to November 17, 1930. Therefore, plaintiff’s assignors were not holders in due course. (Neg. Inst. Law, § 91; Elias v. Whitney, 50 Misc. 326.) Such alteration, subsequent to appellants’ indorsements and without their knowledge or consent, relieved them from liability. (Neg.…