Legal Opinion

Flatbush Auto Discount Corp. v. McCarthy-Bernhardt Buick, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1959Published

1Opinion of the Court

—In an action on a promissory note, the appeal is from a judgment, entered after trial before the court without a jury, dismissing the complaint. Judgment affirmed, with costs. One Maesano purchased an automobile from respondent. In connection therewith he executed an installment note .cm April 18, 1956 to the order of respondent payable at appellants place of business. Respondent indorsed and delivered the note to appellant, a nonbanking corporation. If the transaction was a present loan from appellant to Maesano on a note which had no prior legal inception, the transaction was void.…

2Cases cited8 opinions

  1. Meserole Securities Co. v. CosmanNew York Court of Appeals · 1930
  2. Archer Motor Co. v. RelinAppellate Division of the Supreme Court of the State of New York · 1938
  3. Jackson v. Westchester Auto Credit CorporationNew York Court of Appeals · 1944
  4. Morris Plan Industrial Bank v. FauldsAppellate Division of the Supreme Court of the State of New York · 1945
  5. Jackson v. Westchester Auto Credit Corp.Appellate Division of the Supreme Court of the State of New York · 1944

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