Legal Opinion

Mechanics & Metals National Bank v. Termini

Appellate Terms of the Supreme Court of New York

Decided December 15, 1915PublishedCited by 1 opinion

Appeal by defendant from a judgment of the City Court of the city of New York, entered upon a directed verdict.

1Opinion of the CourtBijur, J.

Plaintiff sues as endorsee of a check drawn by the defendant to the order of plaintiff’s endorser. The complaint alleges in its third paragraph that defendant made the check “ for value received ” and in fourth paragraph that the payee “ duly endorsed and delivered the same to plaintiff for value.” The answer admits the making of the check, but alleges “ that said check was not given for value received, but was obtained from the defendant by fraud, deceit and by misrepresentation, as hereinafter more particularly set forth ” (referring to a separate defense). The answer, further, in another…

2Cases cited11 opinions

  1. Carnwright v. . GrayNew York Court of Appeals · 1891
  2. Heinemann v. . HeardNew York Court of Appeals · 1875
  3. Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
  4. Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
  5. Dubois v. . HermanceNew York Court of Appeals · 1874

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3Cited by1 opinion

  1. James Conforti Construction Co v. Neek Realty Corp.Appellate Terms of the Supreme Court of New York · 1925

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