Mechanics & Metals National Bank v. Termini
Appellate Terms of the Supreme Court of New York
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
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- Dubois v. . HermanceNew York Court of Appeals · 1874
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3Cited by1 opinion
- James Conforti Construction Co v. Neek Realty Corp.Appellate Terms of the Supreme Court of New York · 1925