Braun v. Weinberg

The opinion of the court was delivered by

Perskie, J.

The primary and dispositive question requiring decision is whether, in the circumstances exhibited, an appeal lies from an order making a rule to show cause absolute.

Plaintiff’s complaint alleges that he is the holder of a promissory note made by defendant on May 2d, 1933, in the sum of $1,000, payable three months after date, to the order of Jacob Weinberg; that the note was presented for payment on its due date but payment was refused; and that there is a balance due on said note of $590, plus interest from May 2d, 1933, amounting to…