Kopp v. Nichthauser

The complaint counts upon a trade acceptance; it contains the usual allegations in actions brought to recover on negotiable instruments. The answer simply denies that the plaintiffs are holders in due course and for value, and that there is nothing due on the note. The denials raised no issue, are wholly immaterial and a mere nullity. Abrahamson v. Steele, 176 App. Div. 865. Upon the trial, instead of offering the instrument in evidence and resting on the legal presumptions in his favor, counsel for the plaintiff called a witness, who testified that he executed it on behalf of his firm and…