Schlesinger v. Lehmaier
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leo Schlesinger, as receiver, etc., from an order of the Appellate Term of The Supreme Court, entered in the office of the cleric of the county of Pew York on the 13th day of Tune, 1906, reversing a judgment of the City Court of the city of Pew York in favor of the plaintiff, entered on the 6th day of February, 1906. .. . .
1Opinion of the Court
McLaughlin, J.:
This action was originally brought in the City Court by the receiver of the Federal Bank to recover the amount of two promissory notes made by'the defendant-for $500 and $454.50 respectively, each made payable to the order of the maker and indorsed by him. .
The complaint alleges that before maturity the notes were indorsed in blank by the defendant and discounted by the Federal Bank in due course, and that as receiver the plaintiff is -the owner • and holder of them. .The answer denies that the plaintiff is a holder in due course, and alleges:
“ VI. That both the notes described…
2Cases cited5 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Barnet v. National BankSupreme Court of the United States · 1879
- Caponigri v. . AltieriNew York Court of Appeals · 1901
- Schlesinger v. KellyAppellate Division of the Supreme Court of the State of New York · 1906
- Caponigri v. AltieriAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- First Nat. Bank of Wellston v. SensebaughSupreme Court of Oklahoma · 1916