Union Exchange National Bank v. Joseph
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1920, which reversed an order of Special Term overruling a demurrer to a counterclaim and sustained said demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1920, which reversed an order of Special Term overruling a demurrer to a counterclaim and sustained said demurrer. The following question was certified: “ Does the counterclaim contained in the defendant’s answer herein upon its face state facts sufficient to constitute a cause of action? ” The facts set forth in the counterclaim are sufficient to justify a court or jury in finding that at the time the defendant made and paid the notes the plaintiff bank…
1Opinion of the CourtCardozo, J.
Plaintiff sues upon a promissory note. Defendant answers that there was duress, and counterclaims for the recovery of payments already made. No question is before us in respect of the adequacy of the answer considered as a defense. The point to be determined is the validity of the counterclaim.
The substance of the counterclaim is this: The defendant’s brother-in-law, one Bloch, was bankrupt and the plaintiff’s debtor. The plaintiff informed the defendant that Bloch was guilty of criminal misappropriation of its funds, and threatened to arrest him and send him to prison unless it received the…
2Cases cited10 opinions
- Haynes v. . RuddNew York Court of Appeals · 1886
- Richardson v. . CrandallNew York Court of Appeals · 1872
- Jones v. Dannenberg Co.Supreme Court of Georgia · 1900
- Woodham v. AllenCalifornia Supreme Court · 1900
- Schultz v. CatlinWisconsin Supreme Court · 1891
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3Cited by21 opinions
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- American National Bank v. HellingSupreme Court of Minnesota · 1925
- Clifford v. Great Falls Gas Co.Montana Supreme Court · 1923
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