Legal Opinion

Kuflick v. Glasser

Appellate Terms of the Supreme Court of New York

Decided February 5, 1909Published

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Aaron Kuflick and another against Abraham Glasser and another. From a judgment for plaintiffs, defendants appeal. Reversed,- and new trial ordered.

1Opinion of the CourtSeabury, J.

This is an action on two checks made by the defendants to the order of the plaintiffs. No evidence was offered to show that notice of dishonor was given to the drawers of the checks. The defendants moved to dismiss the complaint upon the ground that the plaintiffs “have failed to establish a cause of action.” In the absence of evidence that notice of dishonor was given to the drawers, the proof was insufficient to sustain a judgment in favor of the plaintiffs. Negotiable Instrument Law (Laws 1897, p. 739, c. 613, § 160); Ewald *871v. Faulhaber Stable Co., 55 Misc. Rep. 275, 105 N. Y. Supp. 114;…

2Cases cited2 opinions

  1. Ewald v. Faulhaber Stable Co.Appellate Terms of the Supreme Court of New York · 1907
  2. Scanlon v. WallachNew York Supreme Court · 1907

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