Weinberg v. Goldstein

Defendant has appealed from an order and summary judgment for plaintiff granted under rule 113 of the Rules of Civil Practice in an action brought by a transferee upon two checks payable to “ cash.” The complaint is sufficient to admit proof that plaintiff is a holder of the checks in due course, although neither it nor plaintiff’s supporting affidavits contain allegations to that effect. The amended answer and defendant’s affidavits allege that the only consideration for the checks (called “ receipts ” by defendant) was a transaction which was illegal under the Eighteenth Amendment of the…