Legal Opinion

Schlesinger v. . Lehmaier

New York Court of Appeals

Decided January 28, 1908PublishedCited by 12 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1907, which reversed an order of the Appellate Term reversing a judgment in favor of plaintiff entered upon a decision of the City Court of JSTew York, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1907, which reversed an order of the Appellate Term reversing a judgment in favor of plaintiff entered upon a decision of the City Court of JSTew York, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The transaction before the court is a transaction of the purchase and sale between the Federal Bank and the Globe Security Company; to such a class of transactions the penalties do not apply.…

1Opinion of the CourtHaight, J.

This action was brought by the receiver of the Federal Bank, a domestic corporation engaged in the banking business in the city of Hew York, to recover the amount of two promissory notes made by the defendant for ,$500 and $454.50, respectively, each made payable to the order of the maker and indorsed by him. The complaint alleges that before maturity the notes were discounted by the Federal Bank, and that the plaintiff as receiver now holds them. The answer, in substance, alleges that the notes described in the complaint were made by the defendant and delivered to the Globe Security Company…

2Cases cited2 opinions

  1. Schlesinger v. . GilhoolyNew York Court of Appeals · 1907
  2. Caponigri v. . AltieriNew York Court of Appeals · 1901

3Cited by12 opinions

  1. McCarty v. KepretaNorth Dakota Supreme Court · 1913
  2. Weaver Hardware Co. v. . SolomovitzNew York Court of Appeals · 1923
  3. Twentieth Street Bank v. JacobsWest Virginia Supreme Court · 1914
  4. Liebelt v. CarneyCalifornia Supreme Court · 1931
  5. Sabine v. PaineAppellate Division of the Supreme Court of the State of New York · 1915

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