Zeller v. . Leiter
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1906, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in excluding evidence offered by defendant.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1906, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in excluding evidence offered by defendant. (McCarthy v. Meany, 183 N. Y. 190; Peek v. Doran & Wright Co., 57 Hun, 343; Kingsbury v. Kirwan, 77 N. Y. 612 ; Story v. Solomon, 71 N. Y. 420 ; Bigelow v. Benedict, 70 N. Y. 204;…
1Opinion of the Court
Willard Bartlett, J,
This is an action on a promissory note made at Chicago on December 15, 1898, whereby the defendant promised to. pay to the order of Allen, Crier and Zeller Company in that city three years after date the sum of $52,021.97, with interest at the rate of three per cent per annum.
The defense was that the plaintiff, being the liquidating trustee of Allen, Crier and Zeller Company, an Illinois cor poration, and formerly its treasurer, had acquired the note with full cognizance of the fact that it was given for a balance arising out of wagering contracts for the purchase of wheat…
2Cases cited6 opinions
- Pearce v. FooteIllinois Supreme Court · 1885
- Jamieson v. WallaceIllinois Supreme Court · 1897
- White v. BarberSupreme Court of the United States · 1887
- Logan v. Musick & BrownIllinois Supreme Court · 1876
- Cole v. MilmineIllinois Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Horbach v. CoyleCourt of Appeals for the Eighth Circuit · 1924
- Cody v. . HoveySupreme Court of North Carolina · 1941
- Cohen v. RothschildAppellate Division of the Supreme Court of the State of New York · 1918
- Liss v. ManuelCivil Court of the City of New York · 1968
- Equitable Trust Co. v. NewmanCity of New York Municipal Court · 1910