Cleary v. Dykeman
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 2d day of January, 1913, upon a verdict directed by the court. Judgment affirmed, with costs, on opinion of Lehman, J., at Trial Term. Present—Ingraham, P. J., McLaughlin, Clarke, Scott and Hotchkiss, JJ. The following is the opinion delivered at Trial Term:
1Opinion of the Court
Lehman, J.:
The defendant Dykeman is sued upon a note made and executed by him. This note is a renewal note of an earlier note. The defendant claims that at the time when he made the original nqte he had been induced by one Kaufman Simon to purchase a very considerable proportion of the stock of a mining company controlled by Simon, and that he executed the note for Simon’s accommodation to the order of the mining company. It is undisputed that the note was discounted by Simon in the Edgewater National Bank, and that the "Edgewater National Bank had a title free from any possible defense that…
2Cited by1 opinion
- Brignoli v. Balch, Hardy & Scheinman, Inc.Appellate Division of the Supreme Court of the State of New York · 1991