Mercantile National Bank v. Heinze
New York Supreme Court
Tbial of a counterclaim pleaded,in an action to recover on promissory notes. The opinion states the casé.
1Opinion of the CourtPendleton, J.
This action is at law to recover some
$450,000 on certain alleged promissory notes. The answer, among other things, sets up by way of counterclaim a cause of action in equity for the specific performance of a certain contract or contracts by plaintiff to release and- discharge the notes referred to in the complaint. The present proceeding is 'a trial of the counterclaim. On and prior to October 14, 1907, the bank, the plaintiff in this action, was-the holder of notes of the defendants aggregating a very large amount. On that day Otto O. Heinze,. one of the' defendants, made an arrangement with…
2Cases cited7 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Benedict v. LynchNew York Court of Chancery · 1815
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Holgate v. EatonSupreme Court of the United States · 1885
- Grey v. TubbsCalifornia Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lusker v. TannenAppellate Division of the Supreme Court of the State of New York · 1982
- Trans Pacific Leasing Corp. v. Aero Micronesia, Inc.District Court, S.D. New York · 1998
- Sabin-Goldberg v. HornAppellate Division of the Supreme Court of the State of New York · 1992
- Kaplan v. ScheinerAppellate Division of the Supreme Court of the State of New York · 1956