Union Exchange National Bank v. Joseph
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Union Exchange National Bank of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of March, 1920, overruling the plaintiff’s demurrer to the counterclaim contained in the defendant’s answer.
1Dissent
Page, J. (dissenting):
The action is upon a promissory note given to the plaintiff by the defendant. The answer sets up a plea of duress, and the following allegations are incorporated by reference in the counterclaim: “ * * * The plaintiff through its duly qualified officers, did coerce, force and by duress and undue influence compel the defendant to execute to the said plaintiff his notes aggregating about $6,499.18, in that the plaintiff bank did then and there inform the defendant that J. L. *301Bloch, the husband of defendant’s sister, was guilty of having criminally appropriated funds of the…
Also in this document: Concurrence.
2Cases cited10 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Solinger v. . EarleNew York Court of Appeals · 1880
- Schultz v. CatlinWisconsin Supreme Court · 1891
- Town of Sharon v. GagerSupreme Court of Connecticut · 1878
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