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J. D. SPENCER CO., LTD. v. NEW YORK REVIEW, INC.

282 A.D. 659 (1953)

J. D. Spencer Co., Ltd., Appellant, v. New York Review, Inc., Defendant, and John A. Talbot, Jr., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 9, 1953.

MEMORANDUM BY THE COURT.

The order appealed should be affirmed, with costs to defendants-respondents, on the ground there are issues of fact to be tried including the basic issue as to whether the documents in question were procured by fraudulent representations. This should be pleaded as a separate defense. If such defense is sustained, the indorsement on the note and the guarantee were procured by fraud and they have no validity. To determine these and other issues...

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