Garlock v. Friedman

In an action on a cheek, defendant appeals from an order granting plaintiffs’ motion for summary judgment *730pursuant to rule 113 of the Rules of Civil Practice, and from a judgment in favor of plaintiffs entered thereon. Order and judgment reversed, with $10 costs and disbursements, and motion denied, with $10 costs. After appellant had stopped payment on the check in suit, which represented the down payment under a contract for the assignment of a lease and purchase of a business, respondents notified appellant that they elected, to terminate the contract and to hold him liable for all damages…