Totoris v. Welikes

Judgment reversed on the law, with costs, and motion denied, without costs. Memorandum: The affidavits present a question of fact as to the existence of consideration for the note alleged in the complaint and this question of fact is one which we are constrained to hold must be submitted to a jury. All concur. (The judgment was entered upon an order granting summary judgment in an action on a promissory note.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Lewis, JJ.