Kelley v. Lawrence Brothers, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lawrence Brothers, Incorporated, from a judgment of the City Court of Yonkers, in favor of the plaintiffs, entered in the office of the clerk of said court on the 31st day of January, 1902, upon the decision of the court rendered after a trial before the court without a jury at a Trial Term of said court.
1Opinion of the Court
Willard Bartlett, J.:
This action was brought upon a promissory note for $500, made by the defendant to the order of the plaintiffs, which fell due on December 10, 1901. On the day before it matured the defendant mailed a letter to the plaintiffs asking to be allowed to renew the note in part, and inclosing in the letter a renewal note for $350 and a check for $151.75. The letter stated that this check included the discount on the renewal of the loan.
The plaintiffs declined to grant the desired extension, and so-advised the defendant by a letter, returning the renewal note and stating that…
2Cases cited2 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Hunter v. . WetsellNew York Court of Appeals · 1881
3Cited by3 opinions
- Schuller v. RobisonAppellate Division of the Supreme Court of the State of New York · 1910
- Beecroft v. CareyAppellate Division of the Supreme Court of the State of New York · 1919
- Communications Fund, Inc. v. Wiry, Inc.Appellate Division of the Supreme Court of the State of New York · 1972