Legal Opinion

Ferber v. Third Street Realty Co.

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

Decided March 26, 1915PublishedCited by 1 opinion

Appeal by the plaintiff, Blanche J. Ferber, from an order of the Supreme Court, made at the Richmond Special Term and entered in the office of the clerk of the county of Richmond on the 5th day of March, 1915, denying her motion to vacate an order directing the trial of issues herein and for judgment on the pleadings, or in the alternative for an order directing judgment in her favor sustaining a demurrer to a separate defense alleged in respondent’s answer.

1Opinion of the Court

Burr, J.:

Plaintiff brings this action on a promissory note made by the Third Street Realty Company to the order of Robert L. Ireland, for $1,000, payable four months after date. The complaint alleges that defendants Robert L. Ireland, the payee of the note, and John De C. Ireland, before the maturity of the said note, for value, indorsed and delivered the same to the plaintiff, who is now the owner and holder thereof. The complaint further alleges non-payment thereof. The maker of the note interposed an answer in the following form: “First. This defendant has no knowledge or information…

2Cases cited2 opinions

  1. Twelfth Ward Bank v. BrooksAppellate Division of the Supreme Court of the State of New York · 1901
  2. Ludlow v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. United States Fidelity & Guaranty Co. v. WellsSupreme Court of Arkansas · 1969

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