Meltzer v. . Doll
New York Court of Appeals
There were three appeals in this action. First appeal from judgment of the General Term of the Supreme Court, in the second judicial department, -entered upon an order made May 11, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying ‘a motion for a new trial.
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There were three appeals in this action. First appeal from judgment of the General Term of the Supreme Court, in the second judicial department, -entered upon an order made May 11, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying ‘a motion for a new trial. Second appeal from an order of said General Term, made May 11, 1882, which affirmed an order of Special Term, denying a motion for a new trial, made on the ground of newly-discovered evidence. Third appeal from order of said General Term, made May 11, 1882, which affirmed an order…
1Opinion of the Court
Huger, Ch. J.
This action was originally brought by John Meltzer and Gottfried Meltzer, composing the firm Meltzer Bros., upon a note for $1,000 given February 21, 1871, by Eicholas Doll, defendant’s testator, to Meltzer Bros., payable three months after date.
After issue joined John Meltzer died, and the action was continued by Gottfried as surviving partner ; he also died, and the present plaintiff, liis executor, was then substituted as plaintiff.
The answer raised but two defenses. First. The statute of limitations, and second, want of consideration in the note, the claim being that it was…
2Cases cited1 opinion
- Cary v. . WhiteNew York Court of Appeals · 1873
3Cited by9 opinions
- O'Brien v. . FleckensteinNew York Court of Appeals · 1905
- Honsinger v. MulfordNew York Supreme Court · 1895
- In Re Wickwire Spencer Steel Co.District Court, W.D. New York · 1935
- Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921
- Hobaica v. ByrneNew York Supreme Court · 1924
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