New York Court of Appeals

Title Guarantee and Trust Company, Appellant v. Max Pam, Respondent

January 31, 1922232 N.Y. 441

Summary

The Court of Appeals affirmed the judgment for the plaintiff, holding that the notes were delivered without condition, the discount was not a breach of good faith, the plaintiff was not a holder in due course because it had notice of the dispute, and therefore the burden of proof lay with the plaintiff under section 98 of the Negotiable Instruments Law, resulting in liability for the amount owed.