Singer v. Union Table & Spring Co.

This is a motion for summary judgment in an action upon a check brought by plaintiff against the defendants.

The material facts presented by the defendants in their affidavits raise a triable issue of fact on a meritorious defense. On March 10, 1928, defendant Union Table & Spring Co., Inc., gave defendant Hyman the check in suit in payment of wages due him. Thereupon Hyman indorsed and gave the check to the plaintiff in payment of a gambling debt. He then informed the maker of the check he had lost it. Payment was stopped and a new check was issued to Hyman. On March 8, 1934, a few days…