Banco Portugues Do Atlantico v. Fonda Manufacturing Corp.

McGivern, J. (dissenting).

The plaintiff bank seeks recovery on these drafts on the assumption it is a holder in due course of negotiable instruments and that the issues raised by the defendant are not available to it on this motion for summary judgment. But the drafts are not negotiable instruments according ii Lf.o Uniform Commercial Code. On their face they are payalVk- at “ forty-five days from receipt of goods in Fonda, New York ”, or “ at forty-five days sight from receipt of goods in Fonda, New York ”, or “ at forty-five days after arrival of goods in Fonda, New York ” or “ forty-five…