Legal Opinion · Dissent

Cooper v. Gossett

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

Decided February 17, 1933Published

1Dissent

Merrell, J. (dissenting).

This action is brought by plaintiff to recover upon a complaint is in the usual form. A copy of the note is set forth, and the execution and delivery thereof by defendant to plaintiff for value is alleged, with the usual allegations of presentment and *703demand of payment, and refusal of defendant to pay the same; that plaintiff is the owner of the note, and the amount due thereon. The complaint contains all the necessary allegations in an action on a promissory note. The answer of the defendant admits the making and delivery by defendant of the note in suit, “ but…

2Cases cited7 opinions

  1. Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
  2. New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
  3. Bean v. . FlintNew York Court of Appeals · 1912
  4. In re WyllyDistrict Court, E.D. New York · 1913
  5. Ambrosius v. AmbrosiusAppellate Division of the Supreme Court of the State of New York · 1915

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