French Over-Seas Corp. v. Five Continents Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, French Over-Seas Corporation, from that part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of November, 1919, as resettled by an order entered in said clerk’s office on the 17th day of December, 1919, granting defendants’ motion for a commission to take testimony.
1Opinion of the Court
Philbin, J. :
Plaintiff sues on a promissory note made on May 15, 1919, by defendant corporation to it for $65,000 and interest. It is alleged that prior to the delivery of the note to plaintiff the defendant Herd placed his signature in blank thereon and indorsed the note. Protest and notice to Herd are alleged, and also that no part of the note has been paid. The answer makes no denial. It sets up as a first and partial defense that one John H. Carpenter paid to plaintiff for the benefit of defendants $32,500, which was received by plaintiff on account of the note. For a second and partial…
2Cases cited3 opinions
- Rice v. . GrangeNew York Court of Appeals · 1892
- Gilsey v. KeenAppellate Division of the Supreme Court of the State of New York · 1905
- Schuler v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1910