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Appellate Terms of the Supreme Court of New York, 1935

Mundet Cork Corp. v. Grupp

Mundet Cork Corp. v. Grupp
Appellate Terms of the Supreme Court of New York · Decided March 15, 1935
154 Misc. 798; 278 N.Y.S. 231; 1935 N.Y. Misc. LEXIS 1036

Counsel

Edgar I. Akrweiler, for the appellant., No one appearing for the respondent.

Mundet Cork Corp. v. Grupp

Opinion of the Court

Per Curiam.

The holder of a note in due course is not bound by a payment made to a prior holder after the transfer of the note. Such a payment is made at the peril of the one making it. (Carr v. Lewis, 20 N. Y. 138; First National Bank of Bridgeport v. Blackman, 249 id. 322.)

Judgment reversed, with thirty dollars costs, and judgment directed for the plaintiff for the amount claimed in the summons.

All concur; present, Lydon, Hammer and Frankenthaler, JJ.

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