Roth v. Baum
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Al S. Roth against Joseph M. Baum and others. Erom a judgment for plaintiff, defendants appeal.
1Opinion of the CourtBijur, J.
Plaintiff sued upon a, promissory note made by defendants. The defense interposed was that the note had been given to plaintiff substantially on his representations that certain sums were due him from a corporation in which all the parties were interested to repay plaintiff for certain expenditures made by him, which representations were false, and known by plaintiff to be so. This defense, *186which is not presented as a counterclaim, was good. Roessle v. Lancaster, 119 App. Div. 368, 104 N. Y. Supp. 217; Bennett v. Edison Illuminating Co., 164 N. Y. 131, 58 N. E. 7.
While, ordinarily, a party…
2Cases cited3 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
- Roessle v. LancasterAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Continental Insurance v. Equitable Trust Co.New York Supreme Court · 1926