Legal Opinion
Irving Trust Co. v. Leff
New York Court of Appeals
Decided May 6, 1930PublishedCited by 35 opinions
1Opinion of the CourtPound, J.
The Appellate Division, reversing the Special Term, granted plaintiff’s motion to strike out the counterclaim set up in the answer and for summary judgment on the pleadings. The only question presented on this appeal is as to the sufficiency in law of the defendant’s counterclaim.
The complaint states a cause of action for a balance of $4,933, with interest thereon from March 18, 1929, due on a promissory note made by defendant for $10,000 payable to himself and indorsed to plaintiff.
The answer denies that no part of the note has been paid except $5,067, but it appears that the amount due on…
2Cases cited4 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Grannis v. . StevensNew York Court of Appeals · 1916
- Sabine v. . PaineNew York Court of Appeals · 1918
- Cowing v. . AltmanNew York Court of Appeals · 1877
3Cited by35 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- State v. Barclays Bank of New York, N. A.New York Court of Appeals · 1990
- United States v. Ray Nedley, Stanley Jochim, and Paul BaurhennCourt of Appeals for the Third Circuit · 1958
- Luther L. Austin v. United StatesCourt of Appeals for the D.C. Circuit · 1969
- United States v. Floyd B. HarmonCourt of Appeals for the Sixth Circuit · 1965
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