Bankers Trust Co. v. International Railway Co.

Smith, J.:

The judgment appealed from was recovered for a balance due upon a promissory note made by the International Traction Com-*580party to the order of the plaintiff. The claim of the plaintiff is that while the note in question was not made or indorsed by the defendant, it was made for the benefit of the defendant to raise money that was used by the defendant, and that the defendant agreed to pay the consideration therefor. This is denied by the defendant.

The defendant is a street railway company owning and operating railways in Buffalo and Niagara Falls and between those two places in the…