Columbia Hotel Co. v. Rosenberg

Defendant contends that because there is no allegation in the complaint of an assignment or transfer of the note from “Higgins, Treasurer, Astoria New Hotel Building Fund,” to plaintiff that the complaint does not ‘state facts sufficient to constitute a cause of action against defendant. It is argued that exhibit “A” shows on its face that the note is payable to Higgins, Treasurer, Astoria New Hotel Building Fund, and that plaintiff is not connected therewith. Defendant inferentially concedes that if the allegation that plaintiff is now the owner and holder of said agreement and note is an…