Union Exchange National Bank v. Joseph
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Union Exchange National Bank of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of March, 1920, overruling the plaintiff’s demurrer to the counterclaim contained in the defendant’s answer.
1Opinion of the Court
Smith, J.:
The action is brought to recover $1,325, the balance due upon certain promissory notes aggregating $6,499.18, which were executed by the defendant and upon which payments have been made, so that the balance due is the sum sued for. The answer, after containing some denials, sets up as a first defense that prior to the execution of the notes sued upon the husband of the defendant’s sister, one J. L. Bloch, was adjudged a bankrupt; that upon the day after the petition in bankruptcy was filed the plaintiff, through its officers, accused Bloch of *296having criminally appropriated funds of…
2Cases cited5 opinions
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Haynes v. . RuddNew York Court of Appeals · 1886
- Solinger v. . EarleNew York Court of Appeals · 1880
- Catskill National Bank v. . LasherNew York Court of Appeals · 1917
- Catskill National Bank v. LasherAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Weinstein v. SchneiderAppellate Terms of the Supreme Court of New York · 1922