Hapgoods v. Lusch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hapgoods, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 4th day of December, 1906, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the lltli day of December, 1906, denying the plaintiff’s motion for a new trial made upon the minutes and granting the defendant an extra allowance.
1Opinion of the Court
Jenks, J.:
The appeal is by the plaintiff. The action is upon defendant’s promissory note, which reads :
*24“ $2,500. New York, Oct. 'Ylth, 1904.
“ On Not. 1st, after date, I promise to pay to the order of Hap-goods, Ine., Twenty-five hundred dollars at their- office, for 25 shares Hapgoods, Inc., stock. Yalue received.
“ R M. LUSOPI.”
When it appeared on the trial that the note was given in payment of an original issue of stock in the plaintiff corporation, made to the defendant after the corporation was formed, and that the defendant had not paid in ten per cent cash, the court directed a verdict…
2Cases cited8 opinions
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- The Saratoga County Bank v. . KingNew York Court of Appeals · 1870
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
- Crawford v. MorrellNew York Supreme Court · 1811
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3Cited by9 opinions
- Jeffery v. . SelwynNew York Court of Appeals · 1917
- Furlong v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1924
- Harriman National Bank v. PalmerCity of New York Municipal Court · 1916
- May v. CharlouisAppellate Division of the Supreme Court of the State of New York · 1908
- Primos Chemical Co. v. Fulton Steel Corp.District Court, N.D. New York · 1920
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