Lafayette Trust Co. v. Lacher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Nathan Lacher and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk, of the county of Kings on the 14th day of January, 1910, upon the verdict of a jury' rendered by direction of the court, and also from an order entered in said' clerk’s office on ■ the 24th day of January, 1910, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Carr, J.:
This is an appeal from a judgment in favor of the plaintiff upon a promissory note. A verdict was directed by the trial court. The ’ defense was payment. The appeal is based upon two grounds of supposed legal error. The complaint is attacked as not stating facts. sufficient to constitute a cause of action, and a motion was made on the trial to dismiss it before any testimony was taken. ' The complaint sets forth the note, alleges its making by one-of the defendants, its indorsement by the other; its discount by -the plaintiff, its presentation at maturity, its non-payment and…
2Cases cited1 opinion
- Wright v. DeeringNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Cosmopolitan Bank v. BlumbergAppellate Division of the Supreme Court of the State of New York · 1926
- Gallway & Co. v. Golliek & Smith, Inc.Appellate Terms of the Supreme Court of New York · 1913