Opinion
February, 1924.
Judgment and order reversed on the law, with costs, and motion for summary judgment denied, with ten dollars costs. The affidavit of the defendant, if believed, shows a defense of alteration of the note after its signature by the defendant; and also a defense that the note was not the individual note of the defendant, but was a corporation note, and known by plaintiff to be such. Alteration of a note may be shown under a general denial. ( Boomer v. Koon, 6 Hun, 645; Schwarz v. Oppold, 74 N.Y. 307.) The complaint before us pleads the note according to its legal effect, and the defendant makes general denial. Under the circumstances it is for a jury to determine the truth in the case. Kelly, P.J., Rich, Jaycox, Kelby and Young, JJ., concur.