Liondale Mercantile Co. v. Gerber
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry B. Gerber, from a judg- • ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of January, 1921, on the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 12th day of January, 1921, denying the defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The recovery was upon the acceptance by the defendant at the city of New York of a time draft, referred to as a trade *347acceptance, drawn at the same place by the plaintiff on the 9th of April, 1920. By the acceptance the defendant promised to pay to the order of the plaintiff on the 11th day of July, 1920, $4,460.95. It was recited in the draft that the obligation of the acceptor arose out of the purchase of goods from the drawer. The answer put in issue the material allegations of the complaint and for a first defense alleged that the acceptance was given in advance as part…
2Cases cited3 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Miller & Sons Co. v. E. M. Sergeant Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Clements v. BealeAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Fischer v. MeansCalifornia Court of Appeal · 1948