Rosenbaum v. Podolsky

Plaintiff sued on a bill of exchange accepted by defendant. The answer set np as a separate defense that by an agreement in writing made simultaneously with the bill of exchange it was provided that the latter should be given solely for the purpose of securing plaintiff against defendant’s diverting certain sums invested in a business in which plantiff and defendant were about to engage. When defendant undertook to prove the terms of the agreement, it developed that two copies had been executed and a third copy made but not signed. The latter was in the office of the defendant in the city of…