Commercial National Bank v. Hand
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York County. Action by the Commercial National Bank of Chicago against Elwood S. Hand on a judgment. Erom an order directing defendant to serve a bill of particulars, defendant appeals.
1Opinion of the CourtO’Brien, J.
—The action is brought by a foreign corporation upon a judgment, and the defense consists of a counterclaim for damages resulting from the nonpayment of checks drawn by defendant upon the plaintiff, and the protest of such checks ; 'defendant having on deposit with the plaintiff, at the time, funds in an amount more than sufficient to meet the checks. The answer contains a list of parties with whom defendant had dealt, and who curtailed his credit after dishonor of the checks. The allegation of damage is :
“ That, by reason of the refusal of the plaintiff to honor and pay said checks, the…
2Cases cited1 opinion
- Peabody v. CortadaNew York Supreme Court · 1892