Legal Opinion

Apple v. National Automatic Weighing Machine Co.

Appellate Terms of the Supreme Court of New York

Decided April 15, 1912Published

Appeal by defendant from a judgment in favor of plaintiff, entered in the Municipal Court of the city of Rew York, borough of the Bronx, second district, after trial by a judge without a jury.

1Opinion of the CourtBijur, J.

Only questions of law are raised on this appeal. The action was brought to recover on a number of coupons of which one,.for example, reads as follows:

“17 .

$30. ' On the-first day of Dec. 1911

The NATIONAL

Automatic Weighing Machine Company will pay to the hearer, at its fiscal agency in the City of New •York or in the City of London

THIRTY DOLLARS in gold coin, free from all taxes, being six (6) months’ interest then due on its first mortgage coupon bond No. 677.

“ L. H. Gardner, Treasurer

The complaint set out merely the execution and delivery by defendant of these coupons prior to the date…

2Cases cited4 opinions

  1. McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
  2. National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
  3. Weiner v. Yale Knitting MillsAppellate Division of the Supreme Court of the State of New York · 1910
  4. Furniss v. FurnissAppellate Division of the Supreme Court of the State of New York · 1911

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