Matathias v. Bel-Mar Laboratories, Inc.

dissents and votes to reverse and deny summary judgment on the ground that the rate of discount was so high as to put plaintiff’s assignor on notice that there were or were likely to be infirmities in checks available as possible defenses to drawer and that, under all the circumstances, there are issues of fact bearing upon the standing of plaintiff’s assignor as a holder in due course of the post-dated checks.

Judgment affirmed, with $50 costs and disbursements to the respondent.