Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
At the commencement of a nonjury trial at which the plaintiff sought to establish that he was a holder in due course of two promissory notes which the defendants had failed to pay, the trial court permitted the plaintiff to present evidence regarding his holder status as the threshold issue in the trial. Prior to the presentation of testimony, the court announced...
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