Jurgens v. Wichmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hermann A. Wicliman, from a judgment of the Municipal Court of the city of New York in favor of the plaintiff;
1Opinion of the Court
Gaynoe, J.:
This is an action by the holder of a check on a bank against the maker and payee. The former did not answer. The latter, appeals. The payee endorsed the note to the plaintiff. The first point made is that there ivas no evidence that the check was presented 'for payment and payment refused. There was no issue-on that head.( It is alleged by the fifth subdivision of the complaint that the check was presented to the bank on which it was drawn and payment demanded; by the sixth that the bank refused payment; by the seventh that the maker had directed the bank to stop payment; and by…
2Cases cited1 opinion
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Pengelly v. PeelerMontana Supreme Court · 1909
- White v. GibsonNew York Supreme Court · 1908
- Burr v. Carvel Dari-Freeze Stores, Inc.New York Supreme Court · 1959
- Jacobs v. WanamakerCity of New York Municipal Court · 1912
- Smith v. Metropolitan Life InsuranceNew York Supreme Court · 1913