United States Rail Co. v. Wiener
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ernst Wiener and another, from a 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 16th day of November, 1914, upon the decision of the court after a trial before the court without a jury, and also from an order entered in said clerk’s office on the 24th day of November, 1914, denying defendants’ motion to dismiss the complaint at the opening.
1Opinion of the Court
Scott, J.:
The complaint states three causes of action, two upon bills of exchange and one upon a promissory note.
As to each bill of exchange the complaint alleges that plaintiff drew a bill of exchange in favor of defendants on the corporation of Ernst Wiener & Co., which accepted it; that thereafter defendants indorsed it, and the same before maturity was delivered to plaintiff for value, and that said plaintiff is still the owner and holder thereof; that at maturity the bill was not paid and was protested, due notice being given to defendants. There is no allegation of any special or…
2Cases cited1 opinion
- City of Buffalo v. . LewisNew York Court of Appeals · 1908
3Cited by2 opinions
- First Commercial Bank v. Gotham Originals, Inc.New York Court of Appeals · 1985
- Stein v. CommissionerUnited States Board of Tax Appeals · 1939