Solinger v. . Earle
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city and county of New York, in favor of defendant Earle, entered upon an order reversing a judgment in favor of plaintiff against said Earle, which was entered upon an order overruling a demurrer to the complaint. (Reported below, 13 J. .& S. 80.) The judgment of the General Term sustained the demurrer and dismissed the complaint. The substance of the complaint is set forth in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city and county of New York, in favor of defendant Earle, entered upon an order reversing a judgment in favor of plaintiff against said Earle, which was entered upon an order overruling a demurrer to the complaint. (Reported below, 13 J. .& S. 80.) The judgment of the General Term sustained the demurrer and dismissed the complaint. The substance of the complaint is set forth in the opinion. The allegations in the complaint as to duress are sufficient to sustain the action. (Smith v. Bromley, 2 Doug. 696; Cockshott v.…
1Opinion of the CourtAndrews, J.
The complaint alleges in substance that the plaintiff, to induce the defendants to unite with the other creditors of Newman & Bernhard in a composition of the debts of that firm, made a secret bargain with them to give them his negotiable note for a portion of their debt, beyond the amount to be paid by the composition agreement. He gave his note pursuant to the bargain, and thereupon the defendants signed the composition. The defendants transferred the note before due to a bona fide holder, and the plaintiff having been compelled to pay it brings this action to recover the money paid. The…
2Cited by27 opinions
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Schoener v. . LissauerNew York Court of Appeals · 1887
- Schmidt v. Peoria Marine & Fire InsuranceIllinois Supreme Court · 1866
- Hanover National Bank v. BlakeNew York Court of Appeals · 1894
- Branham v. StallingsSupreme Court of Colorado · 1895
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