Tracy v. Lichtenstadter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph S. Tracy, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the cleric of the county of Westchester on the 21st day of November, 1905, directing the plaintiff to accept the defendant’s amended answer.
1Opinion of the Court
Woodward, J.:
The plaintiff brought an action to recover on three negotiable notes made by defendant, indorsed for value to a third person and assigned to plaintiff. The defendant served an answer, setting up that said notes were accommodation notes, and alleging in the 2d paragraph of the answer that the notes were not indorsed to said third person as alleged in the complaint, and that a suit had been begun on these notes against defendant hy a person other ■ than plaintiff and discontinued, describing the action in detail. Plaintiff moved the court at Special Term to strike out this 2d…
2Cases cited2 opinions
- Randell v. AbrisquetaCity of New York Municipal Court · 1886
- Mattice v. ShellandAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Blair v. BlairNew York Supreme Court · 1913