Legal Opinion

Conlew, Inc. v. Uhler

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1933PublishedCited by 6 opinions

1Opinion of the CourtO’Malley, J.

Two questions are presented, one procedural, the other of substantive law. The first is whether, after an amendment at Trial Term, whereby a defense is added, its sufficiency may be tested at Special Term, or only by an appeal from an order entered at Trial Term. The question of substantive law relates to the sufficiency of the defense.

The plaintiff as assignee sues to recover upon a collateral note made by the defendant, payable to the Chatham-Phenix National Bank and Trust Company, and indorsed by one Parquhar. The defendant was an accommodation maker.

Over objection and exception duly…

2Cases cited5 opinions

  1. Magee v. Manhattan Life InsuranceSupreme Court of the United States · 1876
  2. Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
  3. American Credit Indemnity Co. v. WimpfheimerAppellate Division of the Supreme Court of the State of New York · 1897
  4. Quimby v. . ClaflinNew York Court of Appeals · 1879
  5. Dane v. MacFadden Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1929

3Cited by6 opinions

  1. Security National Bank v. Compania Anonima De SegurosNew York Supreme Court · 1959
  2. Atlantic Bank v. Carnegie Hall Corp.Appellate Division of the Supreme Court of the State of New York · 1966
  3. Security National Bank v. Compania Anonime de SegurosAppellate Division of the Supreme Court of the State of New York · 1960
  4. Weinstock v. HandlerAppellate Division of the Supreme Court of the State of New York · 1997
  5. Tripp v. Joseph H. Meyer Bros.Appellate Division of the Supreme Court of the State of New York · 1934

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