Mutual Loan Ass'n v. Lesser
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Actions by the Mutual Roan Association against Joseph S. Lesser and another. From judgments dismissing the complaints, plaintiff appeals. These two actions were brought to recover on two promissory notes given on April 23 and April 24, 1901, — one for $2,000, and the other for $1,000,— by the defendants to B. Hirsch, who sold them to the plaintiff.
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Appeal from trial term, New York county. Actions by the Mutual Roan Association against Joseph S. Lesser and another. From judgments dismissing the complaints, plaintiff appeals. These two actions were brought to recover on two promissory notes given on April 23 and April 24, 1901, — one for $2,000, and the other for $1,000,— by the defendants to B. Hirsch, who sold them to the plaintiff. The defenses were that the notes, if delivered, were given for Joseph S. Lesser personally, and to be held as margin for stock, and were used without authority and without consideration. The answer of Joseph…
1Opinion of the CourtO’Brien, J.
When the plaintiff’s testimony was closed, it appeared, considering the pleadings and' proofs together, that, as to Joseph S. Lesser, he having admitted the making of the note in the form in which it was sued upon and as produced upon the trial, the plaintiff was entitled to judgment as against him. With respect to Morris Lesser, we have the statement of Straat to the effect that, when purchased by the plaintiff, the condition of the note was the same as it was when produced upon the trial. There- was, however, the testimony of Joseph S. Lesser that the words “with interest” were not in the…
2Cited by4 opinions
- Massachusetts National Bank v. SnowMassachusetts Supreme Judicial Court · 1905
- Mutual Loan Ass'n v. LesserAppellate Division of the Supreme Court of the State of New York · 1903
- Public Bank v. BurchardSupreme Court of Minnesota · 1916
- Oltarsh v. Turf Broadway, Inc.City of New York Municipal Court · 1958