Equitable Trust Co. v. Howe
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, first district, rendered in favor of the defendant.
1Opinion of the CourtSeabury, J.
This appeal brings up two questions for review: First, whether it was competent for the defendant to prove the oral agreement pursuant to which tibe note was delivered and, second, whether the note itself is negotiable. While the evidence offered by the defendant seems very meager and incomplete, it was nevertheless sufficient in my judgment to raise the issue as to whether at the time the note was given it was agreed that it would not have effect as a contract.
The testimony offered by the defendant put in issue the *47question as to whether or not the note ever came into existence as a legal…
Also in this document: Concurrence.
2Cases cited2 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Smith v. . DotterweichNew York Court of Appeals · 1911
3Cited by1 opinion
- Equitable Trust Co. v. MadsenAppellate Terms of the Supreme Court of New York · 1911