Legal Opinion

Hodgens v. Jennings

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

Decided February 2, 1912PublishedCited by 3 opinions

Appeal by the plaintiff, Thomas M. Hodgens, from 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 11th day of October,, 1911, which was resettled, denying the plaintiff’s motion for judgment on the pleadings.

1Opinion of the Court

Dowling, J.:

The plaintiff appeals from an order denying his motion for judgment upon the pleadings. . The complaint sets forth the making of a promissory note in writing by the Manhattan Securities Company, a corporation; to the order of the defendant and three others; its indorsement by defendant and the other payees, and its delivery, so indorsed before maturity, to plaintiff for value; its presentation and demand for payment and refusal thereof; its protest for non-payment; and that no' part thereof' has been paid, except the sum of $500. The amended answer undertakes to set up certain…

2Cases cited3 opinions

  1. Kountze v. . KennedyNew York Court of Appeals · 1895
  2. National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
  3. Bird v. KayAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by3 opinions

  1. Salt Springs National Bank v. HitchcockNew York Supreme Court · 1932
  2. Girard National Bank v. BrodyNew York Supreme Court · 1924
  3. Union National Bank v. PfistchCity of New York Municipal Court · 1924

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