Bade v. Ferncliff Cemetery Ass'n
City of New York Municipal Court
Action on the commercial calendar of the City Court upon a purported certificate of indebtedness for $1,483.28 issued by the defendant Ferncliff Cemetery Association to the defendant John C. Witte and by him transferred, to the extent of $1,400, with interest thereon, to the plaintiff, Anna Bade.
1Opinion of the CourtRansom, J.
The defendant Ferncliff Cemetery Association has not shown facts requiring or permitting its present directors to repudiate now the written acknowledgment of the association’s actual indebtedness to John C. Witte, executed and delivered in behalf of the association on February 8,19Ó4. The plaintiff, Anna C. Bade, and the defendant John C. Witte are therefore entitled to judgment upon the promise to pay contained in that instrument, according as their respective interests thereunder admittedly appear.
The material facts of the case are hardly controverted, and its issues are not so intricate as…
2Cases cited11 opinions
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- American Exchange National Bank v. Woodlawn CemeteryNew York Court of Appeals · 1909
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