Pierce v. Bank of North America & Trust Co.

Leíwis, J.,

— This is a rule for judgment for want of a sufficient affidavit of defence.

The action is one on a draft for $166, dated April 26, 1923, issued by the defendant bank upon the Metropolitan Trust Company of New York City to the order of C. E. Harmon.

The statement sets forth that on May 3, 1923, Harmon, the payee of the draft, transferred it for valuable consideration to the plaintiff; that the draft was presented for payment to the Metropolitan Trust Company, but that the defendant bank — The Bank of North America and Trust Company — which issued it, stopped payment on it.

The…