Brookline National Bank v. Moers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles Z. Moers and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of March, 1897,'upon the decision of the court rendered after a trial at the New York Special Term sustaining the plaintiff’s demurrer to the last separate defense in the answer, alleging that the contract or agreement set up in the complaint was' not in writing and,…
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Appeal by the defendants, Charles Z. Moers and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of March, 1897,'upon the decision of the court rendered after a trial at the New York Special Term sustaining the plaintiff’s demurrer to the last separate defense in the answer, alleging that the contract or agreement set up in the complaint was' not in writing and, therefore, void under the Statute of Frauds.
1Opinion of the Court
Ingraham, J.:
The complaint alleges an agreement between the defendants and the plaintiff whereby the defendants promised that they would warrant a certain check signed by one Franks to be good, and would warrant and guarantee its payment on presentation to the said bank upon which it was drawn, if the plaintiff would pay to the said defendants the sum of $600, which- sum was duly paid, and that' the said check signed by the said Frank was dishonored and payment *156refused. This is the agreement alleged in the complaint upon ivhich the plaintiff bases his action.
The defendants .in their answer…
2Cited by11 opinions
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- First State Bank of Windom v. McElwrathCourt of Appeals of Texas · 1924
- Williamsburg City Fire Insurance v. LichtensteinNew York Supreme Court · 1916
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