Smith v. McCullaugh

The plaintiff sues on defendant’s demand note in the sum of $13,787.50, made on or about June 15, 1926, to the order of the plaintiff. A balance of $6,914.50 is claimed to be due. Plaintiff’s motion for summary judgment under rule 113 of the Buies of Civil Practice has been denied upon the ground that a triable issue with respect to consideration was presented.

Plaintiff’s moving papers showed that the note was delivered to him about June 28, 1926, pursuant to a syndicate agreement between plaintiff, the defendant, Albert J. Pfeifer and David L. Galbraith. This was signed by the defendant on…