Ironbound Trust Co. v. Schmidt-Dauber Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of the defendant, and from an order denying plaintiff’s motion for a new trial.
1Opinion of the CourtWeeks, J.
This is an action brought by the plaintiff to recover the sum of $605.61 with interest on four promissory notes made by defendant for $150 each, dated January. 15, 1917, to the order of and indorsed by the Looschen Piano Case Company, which were protested for non-payment.
The defendant alleged that the notes were obtained by fraud and misrepresentation and that the plaintiff was aware of the circumstances under which the notes were delivered to the Looschen Piano Case Company and that plaintiff was not a bona fide holder in due course, in that, at the time the notes were negotiated to it, the…
2Cases cited3 opinions
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Oliner v. GoldenbergAppellate Division of the Supreme Court of the State of New York · 1915
- Consolidation National Bank v. KirklandAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Dutch v. McMahonAppellate Division of the Supreme Court of the State of New York · 1927