Holzman, Cohen & Co. v. Teague
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Holzman, Cohen & Co., Incorporated, against Edward P. Teague. From a judgment of the City Court of the City of New York in favor of the plaintiff, entered upon a verdict by direction, and from an order denying defendant’s motion to set aside the verdict and for a new trial, defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtPhilbin, J.
The complaint contains 13 causes of action, each on a separate promissory note, of which the plaintiff is the holder and the defendant the maker. The defendant sets up as a separate defense that he signed the notes merely in blank, and that while they were thus incomplete they were stolen, and that there has been no delivery thereof. The plaintiff put the notes in evidence, showed that the signature was that of the defendant, that plaintiff was the holder for value, and that the notes were unpaid. Plaintiff stipulated on the trial that the defendant would testify that the notes were merely…
2Cases cited3 opinions
- Ledwich v. . McKimNew York Court of Appeals · 1873
- Linick v. A. J. Nutting & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Schaeffer v. MarshAppellate Terms of the Supreme Court of New York · 1915