Peterson v. Alton
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 13th day of February, 1915, upon the decision of the court after a trial at Special Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to procure the cancellation of a promissory note made by the plaintiff and held by the defendant Alton. The latter in his answer denied the material allegations of the complaint and set up, as a counterclaim, the amount due upon the note, with interest, for which he asked judgment. There have been two trials. The first resulted in a dismissal of the complaint upon the merits and awarded a judgment on the counterclaim for the amount demanded. On appeal the j udgment was reversed and a new trial ordered (Peterson v. Fowler, 162 App. Div. 21). At the second…
2Cases cited1 opinion
- Peterson v. FowlerAppellate Division of the Supreme Court of the State of New York · 1914