Dwan v. Massarene
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Allan Dwan, 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 16th day of December, 1921, denying plaintiff’s motion to strike out the answer and for a summary judgment under rule 113 of the Rules of Civil Practice.
1Opinion of the Court
Page, J.:
The action was to recover on two promissory notes, reciting the deposit of collateral security. The answer in effect sets up the defense that the delivery of the notes was conditional. The plaintiff moved for a summary judgment upon these pleadings and affidavits of the attorney for the plaintiff, who had personal knowledge of the facts, verifying the cause of action and stating the amount claimed, and his belief that there is no defense to the action. The defendant, in opposition to the motion, submitted his affidavit giving his version of the transaction between the parties, which,…
2Cases cited7 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- The People v. . McCumberNew York Court of Appeals · 1858
- Harley v. . PlantNew York Court of Appeals · 1914
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
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3Cited by79 opinions
- Walsh v. WalshCalifornia Supreme Court · 1941
- Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
- Hanna v. MitchellAppellate Division of the Supreme Court of the State of New York · 1922
- McComsey v. LeafCalifornia Court of Appeal · 1939
- Miller v. MillerCourt of Appeals for the D.C. Circuit · 1941
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