Jacobs v. . Cohen
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme. Court in the second judicial department, entered December 1, 1904, which reversed an interlocutory judgment entered upon an order of Special Term sustaining a demurrer to the answer and overruled such demurrer. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme. Court in the second judicial department, entered December 1, 1904, which reversed an interlocutory judgment entered upon an order of Special Term sustaining a demurrer to the answer and overruled such demurrer. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The contract entered into between the plaintiff and the defendants Morris and Louis Cohen is valid and enforceable at law (Nat. P. Assn. v. Cumming, 170 N. Y. 315 ; Mills v. U. S. P. Co., 99 App.…
1Opinion of the CourtGray, J.
The plaintiff sues the makers and the indorser •' a promissory note, payable to the order of the Protective Coat Tailors’ Union, of which he is the president, to recover the amount due thereon. The answer of the- defendants denied the allegations of the complaint, except as to the making of the note, and set up as a distinct and separate defense that it was given “ as collateral security to the plaintiff, to be applied as liquidated damages, for violation by the defendants, of any of the covenants and conditions of a cer tain .contract.” The particular part of the contract set forth is as…
2Cases cited1 opinion
- Curran v. . GalenNew York Court of Appeals · 1897
3Cited by46 opinions
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- Adair v. United StatesSupreme Court of the United States · 1908
- Brennan v. United Hatters of North America, Local No. 17Supreme Court of New Jersey · 1906
- Otten v. Baltimore & O. R. Co.Court of Appeals for the Second Circuit · 1953
- National Fireproofing Co. v. Mason Builders' Ass'nCourt of Appeals for the Second Circuit · 1909
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