Josephson v. Gens
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Michael Josephson against Frank Gens, impleaded with Max Bierman and Solomon Jam. From a judgment entered in favor of defendant Gens, on dismissal of the complaint as to him at the close of plaintiff’s case, plaintiff appeals. Reversed, and new trial granted.
1Opinion of the CourtPage, J.
This action is brought to recover upon a check for $200, drawn by the defendant Frank Gens to the order of the defendant Max Bierman, and indorsed by Bierman to Solomon Jam. The check was cashed by the plaintiff for Solomon Jam, and the plaintiff is the holder thereof for value in due course. The defendants Jam and Bierman have both defaulted, and Gens alone defended the suit.
At the trial it was proved by the plaintiff’s witnesses that after the plaintiff cashed the check the defendant Gens stopped payment upon it, whereupon the defendant Jam paid $50 to the plaintiff on account, and assigned…
2Cases cited6 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Marsh v. . McNairNew York Court of Appeals · 1885
- Lowell Manufacturing Co. v. Safeguard Fire InsuranceNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Betty Deckard v. General Motors Corp.Court of Appeals for the Seventh Circuit · 2002
- White v. WoodsIndiana Supreme Court · 1915
- Josephsohn v. GensAppellate Terms of the Supreme Court of New York · 1914