Mechanic v. Elgie Iron Works, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by defendant Louis Groldbaum from a judgment of the'Municipal Court of the city of New York, borough of Manhattan, first district,, in favor of the plaintiff for $312.88, after trial without a jury.
1Opinion of the CourtMullan, J.
The defendant corporation, through its president, the defendant Groldbaum, executed a demand note to the plaintiff payee. Prior to delivery Groldbaum, individually, and thereafter one Spevack, his attorney, irregularly indorsed the note, and plaintiff paid full value therefor. The note was made payable at room 912, 309 Broadway, which at that time was Spevack’s office. The corporation and Spevack defaulted, but Groldbaum filed and served the affidavit prescribed in section 923 of the Code of Civil Procedure. The notarial certificate being thus excluded, the notary was called to testify to…
2Cases cited2 opinions
- Mercantile Bank of Memphis v. BusbyTennessee Supreme Court · 1908
- Bird v. KayAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- William Segar, Inc. v. 1967-1975 Ocean Avenue Realty Corp.New York Supreme Court · 1926
- Clark v. O'NealSupreme Court of Alabama · 1935