Legal Opinion
President of Manhattan Co. v. Cocheo
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1939PublishedCited by 13 opinions
1Opinion of the CourtClose, J.
The action is brought on a promissory note for $116,400 made by the defendant on October 26, 1931, and payable in thirty days. The complaint is in the usual form. It alleges that various payments were made on account totaling $24,195.15, and demands judgment for the balance, amounting, with protest fees, to $92,206.25. Denying that there is any sum due on the note, the defendant, in his answer, alleges five defenses and two counterclaims. The defenses are based, respectively, on the theories of payment, mutual mistake, lack of consideration, conditional delivery and fraud. The first…
2Cases cited5 opinions
- Mount Vernon Trust Co. v. BergoffNew York Court of Appeals · 1936
- Adams v. ClarkNew York Court of Appeals · 1925
- Fish v. ConleyAppellate Division of the Supreme Court of the State of New York · 1927
- Cooley Trading Company, Inc. v. GoetzNew York Court of Appeals · 1936
- Reilly v. Manhattan Railway Co.New York Supreme Court · 1895
3Cited by13 opinions
- Otto v. Lincoln Savings BankAppellate Division of the Supreme Court of the State of New York · 1944
- Executive Securities Corp. v. GrayAppellate Division of the Supreme Court of the State of New York · 1979
- In re the Estate of HaaseNew York Surrogate's Court · 1940
- County Trust Co. v. MoranAppellate Division of the Supreme Court of the State of New York · 1942
- First National Bank v. Cutali, New York County Courts1973
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