Legal Opinion

Schlesinger v. Wise

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 7 opinions

Appeal by the defendant, Benjamin S. Wise, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of April, 1905, granting the plaintiffs motion to strike out the separate amended answer of the said defendant.

1Opinion of the Court

McLaughlin, J.:

The defendant appeals from an order striking out as sham his amended answer. The action is upon a promissory note for $2,500. Paragraph 2 of the complaint sets out the appointment of the plain*588tiff as receiver of the Federal Bank of Hew York; paragraph 3, a copy of the note and alleges that same was executed by the defendant Benjamin S. Wise; paragraph 4, that at the time of the making of the note and prior to delivery to the bank the defendant Leonora Wise indorsed the same in blank; paragraph 5, that she did so for the purpose of giving credit to' said note and charging…

2Cases cited8 opinions

  1. Wayland v. . TysenNew York Court of Appeals · 1871
  2. Goodwin v. . WertheimerNew York Court of Appeals · 1885
  3. Ocean National Bank of N.Y. v. . FantNew York Court of Appeals · 1872
  4. Baum's Castorine Co. v. ThomasNew York Supreme Court · 1895
  5. Howe v. ElwellAppellate Division of the Supreme Court of the State of New York · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. National Bank v. Erion-Haines Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
  2. Warburton v. Trust Co. of AmericaCourt of Appeals for the Third Circuit · 1910
  3. Wagner v. KohnCourt of Appeals for the Second Circuit · 1915
  4. Kirsch v. Provident Loan SocietyAppellate Terms of the Supreme Court of New York · 1947
  5. Duke v. GrantAppellate Division of the Supreme Court of the State of New York · 1908

2 more not listed; retrieve them via the Exa API.

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