
    The Mariner Harbor National Bank, Appellant, v. Graham Beach Estates, Inc., Respondent, Impleaded with Others.
    (Argued May 17, 1927;
    decided May 31, 1927.)
    
      Bills, notes and checks — negotiable instruments — action to recover on promissory note — indorsement making same non-negotiable and subject to defenses set up in answer.
    
    
      Mariner Harbor Nat. Bank v. Graham, Beach Estates, Inc., 219 App. Div. 721, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 4, 1927, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The action was to recover upon a promissory note. The note had on its back the following indorsement:
    “ This note is given and payable on completion of gas plates and piping and ability to make and furnish gas properly by June 1st, 1924.
    “ Gasgo Power Corporation,
    "A. E. Dickerman,
    
      “Pres, and Gen’l. Mgr.
    
    
      “ Allen E. Dickerman,
    " Agent for Midland Gasgo Corp.”
    
    The defense was that the note was given pursuant to an agreement by payee to establish a gas plant and install piping and that the work was never completed;
    
      James Burke for appellant.
    
      Isaac N. Jacobson for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  