Bates v. Rosenberg
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Jerome E. Bates and another against Barnet Rosenberg. From a judgment for plaintiffs, defendant appeals.
1Per curiam
This is an action upon a note given by a debtor and his wife to induce plaintiffs to sign a composition agreement with his other creditors, by which each accepted 50 per cent, of his claim in payment of his claim, and not to prosecute him for a fraudulent representation to them, made before the failure, for the purpose of Inducing them to give him credit. Plaintiffs have been paid their 50 per cent. This is one of two notes given to make their share 100 per cent.
The main question litigated was whether the agreement for the ■extra 50 per cent, was known to the other creditors. If not, it is…
2Cases cited4 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Hanover National Bank v. BlakeNew York Court of Appeals · 1894
- Brooklyn Distilling Co. v. Standard Distilling & Distributing Co.New York Court of Appeals · 1908
- Brooklyn Distilling Co. v. Standard Distilling & Distributing Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Finkelstein v. RosenblattAppellate Division of the Supreme Court of the State of New York · 1919