Trop v. Gramercy Chocolate Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Morris S. Trop and others, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 2d day of January, 1919, reversing a judgment of the City Court of the City of New York in plaintiffs’ favor and dismissing the complaint.
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Appeal by the plaintiffs, Morris S. Trop and others, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 2d day of January, 1919, reversing a judgment of the City Court of the City of New York in plaintiffs’ favor and dismissing the complaint. An appeal is also taken from the judgment entered in the City Court on the 28th day of January, 1919, upon the remittitur from the Appellate Term.
1Opinion of the Court
Merrell, J.:
This action was brought in the City Court of the City of New York to recover upon a promissory note alleged to have been made and executed by the defendant, a domestic corporation, and delivered to the plaintiffs, copartners doing business under the name of Caracas Chocolate Company, whereby it is alleged the said defendant promised and agreed to pay to the order of the plaintiffs the sum of $1,000, with interest.
The answer, besides general denials, alleged, first, that the note sued upon was made, executed and delivered by the defendant to John Sheffman, one of the plaintiffs…
2Cases cited2 opinions
- Bedell v. . CarllNew York Court of Appeals · 1865
- Shute v. JonesNew York Supreme Court · 1894
3Cited by1 opinion
- Bankers' Commercial Security Co. v. Piercy Corp. of AmericaNew York Supreme Court · 1932