Mehr v. Starr
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Brooklyn, Third District. Action by Louis Mehr against Nathan Starr. From a judgment for defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtStapleton, J.
The action was for money received. The facts are:
The corporation known as Mehr Bros, entered into a composition agreement with its creditors. The defendant was a creditor. He signed the agreement, agreeing to accept, in full satisfaction of his claim against the corporation, 40 cents on the dollar—25 cents in cash, payable when all the creditors signed the agreement, and 15 cents by a promissory note payable in six months, with two indorsers. The 40 per cent, of the claim was paid.
The creditors of the corporation, executing the composition agreement, undertook on their part to surrender to…
2Cases cited3 opinions
- Solinger v. . EarleNew York Court of Appeals · 1880
- Hanover National Bank v. BlakeNew York Court of Appeals · 1894
- Harloe v. . FosterNew York Court of Appeals · 1873