Legal Opinion

Ginsberg v. Siiurman

New York Supreme Court

Decided April 15, 1911PublishedCited by 2 opinions

Appeal by the defendants Shurman and Levy from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, sixth district, rendered in favor of the "plaintiff.

1Opinion of the CourtLehman, J.

The plaintiff is the holder of a note made by the defendant Shurman. The answer alleges, as an affirmative defense, that the payee agreed with the maker of the note that, if the Broma Bealty Company did not take title to certain premises, the note was to be returned to the maker and the payee agreed to hold the note until the time of taking title and to return-it if title was not passed;'and it further alleges that, at the commencement of the action, title to said properties had not passed.

At the trial the plaintiff introduced the note in evidence and rested. The defendant then offered in…

2Cases cited1 opinion

  1. German-American Bank v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. Steinberger v. HittelmanAppellate Terms of the Supreme Court of New York · 1915
  2. Laing v. HudgensAppellate Terms of the Supreme Court of New York · 1913

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