Gellens v. 11 West 42nd Street, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
The action is to recover the face amount of an interest coupon detached from a bond executed by defendant and payable on demand on its due date. Plaintiff’s motion for summary judgment was granted in the Municipal Court on proof that plaintiff was the owner and holder of the coupon. The answer, alleging a general denial, also pleaded the defense that plaintiff is not the real party in interest but is acting as a collecting agent for the owner and, therefore, may not recover.
The «defense that plaintiff is acting as the collecting agent for another is insufficient as a matter of law. The coupon…
2Cases cited6 opinions
- Titus v. WallickSupreme Court of the United States · 1939
- Frank H. Zindle, Inc. v. Friedman's Express, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
- Federal Credit Bureau, Inc. v. Zelkor Dining Car Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- McCauley v. Georgia Railroad BankNew York Court of Appeals · 1924
- Bennett v. Supreme Enforcement CorporationNew York Court of Appeals · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Slutsky v. Blooming Grove Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Hill v. Satra Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- Wagner v. BraunsbergAppellate Division of the Supreme Court of the State of New York · 1958
- R. S. Stokvis & Sons, Inc. v. Kearney & Trecker Corp.District Court, S.D. New York · 1944
- Medwin v. 11 West 42nd Street, Inc.Appellate Division of the Supreme Court of the State of New York · 1941
3 more not listed; retrieve them via the Exa API.