Du Bosque v. Munroe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George H. Munroe and another, 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 6 th day of October, 1914, granting plaintiff’s motion for judgment on the pleadings, after the service of an amended answer, and also from the judgment entered in said clerk’s office on the 19th day of October, 1914, pursuant to said order.
1Opinion of the Court
Scott, J.:
The plaintiff moved for judgment on the pleadings, consisting of a complaint and answer. His motion was granted, the court thereby holding, in effect, that the answer stated no defense.
The action was upon an instrument described as a promissory note, signed by defendants and reading as follows:
“Dec. 1st, 1913.
“$10,000.
“ Six (6) Months after date
“We promise to pay to Steele Du Bosque or order Ten Thousand Dollars, for Value received, — per cent per annum, having deposited with Steele Du Bosque as collateral security $10,000 par value Preferred Stock, and $7,000 par value Common Stock…
2Cases cited1 opinion
- Newton v. KruseAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by5 opinions
- La Salle Co. v. KaneDistrict Court, E.D. New York · 1949
- In re the Estate DashnauNew York Surrogate's Court · 1948
- Berson Sydeman Co. v. Waumbeck Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Hance Hardware Co. v. HowardSuperior Court of Delaware · 1939
- Wosyluk v. L.T.L. Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1989