Citation Codes Equivalent Citations citation codes Attorney(S) Abraham Dolinsky for Joseph Apfel Morris Berler, in person for Morris Berler, See more information ... Smart Summary Please sign up to generate summary. MORRIS BERLER, Respondent, v. SOLOMON S. GROSSMAN, Appellant. MEMORANDUM Per Curiam. Although there was no affirmative defense of lack or failure of consideration for the negotiable instrument in the hands of one not a holder in due course and for value, the court, in the interests of justice, should have permitted the defendant to offer proof that the consideration for which the instrument had been given had failed. The judgment should be reversed and a new trial ordered, with $20 costs to appellant to abide the event. HAMMER, SHIENTAG and EDER, JJ., concur. Judgment reversed, etc.