General
Kate Casey, Respondent, v. George N. Ostrander, Appellant, Impleaded with North Creek Supply Co., Inc., and Frank Husselbeck, Defendants
252 A.D. 803·New York Supreme Court, Appellate Division·1937·NY
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Opinion
Kate Casey, Respondent, v. George N. Ostrander, Appellant, Impleaded with North Creek Supply Co., Inc., and Frank Husselbeck, Defendants.
[MAJORITY]
Appeal from an order denying a motion made by an indorser on a promissory note to strike out portions of plaintiff’s complaint. It apparently is intended, in the complaint, to allege a cause of action upon a theory that the appellant waived the presentation of the note on its due date. Order unanimously affirmed, with ten dollars costs and disbursements. Present — 'Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.