Mercantile National Bank v. Silverman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Silverman, 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 17th day of January, 1911, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 9th day of April, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action on a promissory note upon which the defendant admitted his liability, but pleaded facts on which he demanded that the amount of two checks paid'by the plaintiff and charged to his account be set Off. This defense was overruled. The liability of defendant excepting as to the amount for which he claims an offset has been adjusted, and the single question remaining in the action and presented by the appeal is whether the defendant was entitled to have the amount of the checks deducted from his liability on the noté.
The appellant was a private banker, conducting…
2Cases cited11 opinions
- Robertson v. ColemanMassachusetts Supreme Judicial Court · 1886
- Emporia National Bank v. ShotwellSupreme Court of Kansas · 1886
- Price v. . Oswego and Syracuse R.R. Co.New York Court of Appeals · 1872
- First National Bank v. American Exchange National BankNew York Court of Appeals · 1902
- Gallo v. . Brooklyn Savings BankNew York Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- International Aircraft Trading Co. v. Manufacturers Trust Co.New York Court of Appeals · 1948
- Cohen v. Lincoln Savings BankNew York Court of Appeals · 1937
- Phelps v. . McQuadeNew York Court of Appeals · 1917
- Strang v. Westchester County National BankNew York Court of Appeals · 1923
- Halsey v. Bank of New York & Trust Co.New York Court of Appeals · 1936
20 more not listed; retrieve them via the Exa API.