Mitchell v. Forest City Printing Co.
New York Supreme Court
Motion by defendant to set aside verdict and for a new trial. There is also before the court a motion made at the close of the plaintiff’s evidence for a dismissal of the complaint, upon which- decision was then reserved.
1Opinion of the CourtDavis, J.
The plaintiff sues to recover on two promissory notes made by the defendant bearing date February 3, 1915, payable on demand, one for $1,000 and one for $1,500.
*710The defenses set up in the answer are, that the. notes are without consideration; that the directors and officers in existence were illegally holding office at the time the contract was made furnishing consideration for the - notes, and at the time the notes themselves were given, and that their acts were void; that the contract was in itself void; and that the notes wTere executed and delivered as a part of a fraudulent conspiracy.
The…
2Cases cited14 opinions
- Butts v. . WoodNew York Court of Appeals · 1867
- Godley v. . Crandall Godley Co.New York Court of Appeals · 1914
- Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
- In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
- Kreitner v. BurgwegerAppellate Division of the Supreme Court of the State of New York · 1916
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Haff v. Long Island Fuel Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- In re Election of Directors of Hammond Light & Power Co.New York Supreme Court · 1928
- Rye Psychiatric Hospital Center, Inc. v. SchoenholtzAppellate Division of the Supreme Court of the State of New York · 1984
- Gearing v. KellyAppellate Division of the Supreme Court of the State of New York · 1961
- Tabulating Card Co. v. LeidesdorfNew York Supreme Court · 1961
4 more not listed; retrieve them via the Exa API.