Legal Opinion
Irving Trust Company v. Smith
District Court, S.D. New York
Decided October 12, 1972No. 72 Civ. 2200PublishedCited by 5 opinions
1Opinion of the Court
GURFEIN, District Judge.
The plaintiff bank moves for summary judgment under Fed.R.Civ.P. 56. This is an action to recover on four promissory notes executed and delivered to the plaintiff by the defendant in an aggregate amount of $42,000 on which the defendant has paid $3,860 on account, for which he is given credit. The defendant was served in Massachusetts under the New York long arm statute, CPLR § 302. The bank, in its complaint, originally asked for judgment in the amount of $38,140, with interest thereon at 10% per annum from June 15, 1971, together with 15% thereof as legal fees. In…
2Cases cited3 opinions
- Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
- Leumi Financial Corp. v. RichterNew York Court of Appeals · 1966
- Lewis and Eugenia Van Wezel Foundation, Inc. v. Guerdon Industries, Inc.Court of Appeals for the Second Circuit · 1971
3Cited by5 opinions
- Sterling National Bank and Trust Co. Of New York v. Fidelity Mortgage InvestorsCourt of Appeals for the Second Circuit · 1975
- American Timber & Trading Co. v. First National BankCourt of Appeals for the Ninth Circuit · 1982
- American Timber & Trading Co. v. First National Bank Of OregonCourt of Appeals for the First Circuit · 1982
- American Bank & Trust Co. v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1975
- Mohr, Inc. v. Bank of California, N. A.District Court, D. Oregon · 1978