Weiss v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Weiss, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of November, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Geeenbaum, J.:
The action was brought upon a promissory note and for interest due thereon. The complaint in its first cause of action sets forth a copy of the note for $12,500, dated September 9, 1920, made by the defendant to the order of the plaintiff, payable six months after date, and alleges its non-payment.
The second cause of action is based upon a written agreement between the parties pursuant to which the defendant was to pay interest on the note in weekly installments, no part of which has been paid, except the sum of fifty dollars.
The answer sets up as a first defense that the…
2Cases cited2 opinions
- Banque Franco-Americaine v. BergstromAppellate Division of the Supreme Court of the State of New York · 1916
- Banque Franco-Americaine v. . BergstromNew York Court of Appeals · 1919
3Cited by1 opinion
- Camp v. HornAppellate Division of the Supreme Court of the State of New York · 1924