Binghamton Trust Co. v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant. Edward K. Clark, from an interlocutory judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the clerk of the county of Broome on the 28th day of July, 1897, upon the decision of the court rendered ■ after a trial at the Tioga Special Term sustaining the plaintiff’s demurrer to tiré defendant’s answer.
1Opinion of the Court
Putnam, J.:
I advise an affirmance of the judgment entered in this ease. There is no denial in the answer of any of the allegations of the complaint. It, therefore, is admitted that the plaintiff was duly organized and incorporated under and in accordance with tlie provisions of chapter 546 of the Laws of 1887; that on the 2d day of April, 1896, the defendant, for a good and valuable consideration, made, executed and delivered to C. A. Whitney & Co. the promissory note set out. in the complaint; that thereafter, and before the said note became due, for a good and valuable consideration, the…
2Cases cited3 opinions
- Bonnell v. . GriswoldNew York Court of Appeals · 1877
- Williams v. BrownNew York Court of Appeals · 1866
- Dodge v. OckerhausenNew York Supreme Court · 1893