Rosenstock v. Montague
Appellate Terms of the Supreme Court of New York
Appeax from a judgment of the General Term of the City Court, affirming a judgment entered upon a verdict directed by the court.
1Opinion of the CourtFreedman, P. J.
The action is founded upon a demand note given by defendant to plaintiffs’ testator. The answer alleges, in substance, that the note was given upon the distinct condition and understanding that the same should not be presented or the payment thereof demanded until a certain event had taken place, and that such an event had not yet occurred.
Upon the trial, the defendant, against an objection and exception taken by the plaintiffs, was permitted to and did give proof in support of the defense pleaded, and at the close of the whole case both parties moved for the direction of a verdict and…
2Cases cited1 opinion
- Bookstaver v. . JayneNew York Court of Appeals · 1875
3Cited by1 opinion
- Fadex Foreign Trading Corp. v. Crown Steel Corp.New York Supreme Court · 1947