Empire Trust Co. v. Magee
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe plaintiff, the Empire Trust Company, from an interlocutory judgment of the Supreme Court in favor of tlie defendant, entered in the office of the clerk of .the county of New York on the 8th day of May, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to two separate defenses set up, in the answer.
1Opinion of the Court
Ingraham, J.:
The action was upon a promissory note. The 2d clause of the complaint alleges that “ on or about tbe 18th day of September, 1905, defendant made his certain promissory note in writing, dated on that day, whereby for value received, he promised to pay to the order of himself, one month after said date, the sum of seven hundred dollars at Empire Trust Company, New York City, with interest at six per cent per annum; and said defendant on or about said date, duly indorsed the said note and for value delivered the same to the plaintiff, who is now the owner and holder thereof.”
The…
2Cases cited1 opinion
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
3Cited by4 opinions
- Mendelson v. MarguliesAppellate Division of the Supreme Court of the State of New York · 1913
- DeWitt v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Bulova v. E. L. Barnett, Inc.Appellate Terms of the Supreme Court of New York · 1920
- Morgan Munitions Supply Co. v. Studebaker Corp.Appellate Division of the Supreme Court of the State of New York · 1917