New York Court of Appeals

The Trusts and Guarantee Company, Limited, as Executors of Samuel v. Venning, Deceased, Appellants, v…

April 14, 1936270 N.Y. 350

Summary

The Court held that an indorser’s testimony that he never received a notice of dishonor and protest, standing alone, does not raise a material factual issue and therefore may be excluded; the trial court’s refusal to receive such testimony was proper and the judgment for the plaintiffs was affirmed.