Midtown Commercial Corp. v. Kelner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSteuer, J.
This action is upon two checks, one for $2,500 and one for $1,000. Both checks were issued to one Rosenthal by Kelner, the defendant-respondent. The issue on this appeal is whether Kelner has any defense to the checks.
The facts which for the purpose of this motion are undisputed are as follows: Rosenthal, who was desirous of raising money, approached Kelner to obtain his assistance. Rosenthal gave Kelner his postdated checks in the sums of $2,500 and $1,000, and Kelner gave his own checks to Rosenthal in the same amounts. Kelner says that Rosenthal promised that Kelner’s checks would *350not be…
2Cases cited7 opinions
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Williams v. . TiltNew York Court of Appeals · 1867
- Newman v. . FrostNew York Court of Appeals · 1873
- Schlesinger v. KellyAppellate Division of the Supreme Court of the State of New York · 1906
- Kennedy v. HeymanAppellate Division of the Supreme Court of the State of New York · 1918
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3Cited by6 opinions
- Plotkin v. Sunflower Beef Packers, Inc. (In Re Hudson Valley Quality Meats, Inc.)United States Bankruptcy Court, N.D. New York · 1982
- Johnson v. WernerAppellate Division of the Supreme Court of the State of New York · 1978
- Bobrowsky v. BozzutiAppellate Division of the Supreme Court of the State of New York · 1983
- Starkey Point Property Owners' Ass'n v. Wilson, New York County Courts1978
- Offner v. RothschildNew York Supreme Court · 1976
1 more not listed; retrieve them via the Exa API.