National Bank of Commerce v. Silver

Per Curiam,

The court below discharged a rule for judgment for want of a sufficient affidavit of defense and the plaintiff appeals. The statement of the plaintiff averred that the defendant, on August 18,1924, drew his check upon Blitzstein & Co., payable to the order of Frank Hurowitz; that the payee of the check was a depositor of the plaintiff; that the said payee indorsed the said check and delivered it to the plaintiff and received in cash, in consideration of such delivery, the amount of the check; that the defendant stopped payment of the check and that plaintiff duly presented the…