Legal Opinion
Marine Trust Co. v. Willis
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1934PublishedCited by 3 opinions
1Opinion of the CourtCrosby, J.
Although the answer does not specifically allege a fraud committed upon defendant, the issue of fraud was fully litigated and submitted to the jury without objection being taken that the issue of fraud was outside the pleadings. Under these circumstances we may disregard the omission in the answer to plead fraud. (Helfhat v. Whitehouse, 258 N. Y. 274, 278; Sampson v. Pels Co., 199 App. Div. 854; Civ. Prac. Act, § 434.)
Defendant seeks to be relieved from liability on his accommodation indorsement on a $40,000 note given by Willoughby to plaintiff on October 29, 1929. The main basis of his…
2Cases cited3 opinions
- Vose v. . the Florida Railroad CompanyNew York Court of Appeals · 1872
- Helfhat v. WhitehouseNew York Court of Appeals · 1932
- Sampson v. Frank F. Pels Co.Appellate Division of the Supreme Court of the State of New York · 1922
3Cited by3 opinions
- Amusement Securities Corp. v. Academy Pictures Distributing Corp.New York Supreme Court · 1936
- Indianapolis Morris Plan Corp. v. KarlenAppellate Division of the Supreme Court of the State of New York · 1969
- Lichtenheld v. BersenAppellate Division of the Supreme Court of the State of New York · 1936