Timmons v. Bourges Service, Inc.

Smith, J.:

In a memorandum made by the Special Term judge he held the motion to be made under rule 104 of the Rules of Civil Practice.

The complaint is upon a promissory note in form as follows:

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“ New York, May 1st, 1922.

“ Six months after date I promise to pay to the order of W. T. Timmons Eight thousand one hundred seventy-two & 75 /1G0 Dollars at Irving National Bank, Woolworth Building.

“ BOURGES SERVICE, INC.

“ Value received Albert R. Bourges.

“No.......Due Nov. 1st, ’22.”

The Corporation defendant and the defendant Albert R. Bourges answer separately. In the answer of the defendant…