Rafkin v. Continental Diamond Mines, Inc.

Appellate Division of the Supreme Court of New York

Rafkin v. Continental Diamond Mines, Inc.

19 A.D.2d 615, 241 N.Y.S.2d 302, 1963 N.Y. App. Div. LEXIS 3530

Appellate Division of the Supreme Court of the State of New York·Decided June 25, 1963·Published·Cited by 2 cases

Opinion

Order entered on March 28, 1962, unanimously modified, on the law, to the extent of denying the cross motion of plaintiffs for summary judgment, and, as so modified, affirmed, with $20 costs and disbursements to defendant-appellant. On this record questions of fact are present at least as to plaintiffs being holders in due course and whether the negotiation of the notes was in violation of the alleged agreement between the maker and the payee not to negotiate them so long as the pledged diamonds were in the possession of the payee. Concur — Breitel, J. P., McNally, Eager, Steuer and Bastow, JJ. [33 Misc 2d 156.]

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Order entered on March 28, 1962, unanimously modified, on the law, to the extent of denying the cross motion of plaintiffs for summary judgment, and, as so modified, affirmed, with $20 costs and disbursements to defendant-appellant. On this record questions of fact are present at least as to plaintiffs being holders in due course and whether the negotiation of the notes was in violation of the alleged agreement between the maker and the payee not to negotiate them so long as the pledged diamonds were in the possession of the payee. Concur — Breitel, J. P., McNally, Eager, Steuer and Bastow, JJ. [33 Misc 2d 156.]

Rafkin v. Continental Diamond Mines, Inc., 19 A.D.2d 615, 241 N.Y.S.2d 302, 1963 N.Y. App. Div. LEXIS 3530 (N.Y. Ct. App. 1963).

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Opinion

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