Oppenheimer v. Trebla Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herman H. Oppenheimer, from an order of the Appellate Term of the Supreme Court, entered in the office of "the clerk of the county of New York on the 9th day of May, 1912, as resettled by an order entered, therein on the 1st day of July, 1912, reversing a judgment of the City Court of the city of New York in favor of the plaintiff and dismissing the complaint; also from the judgment of the City Court of the city of New York, entered in the office of…
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Appeal by the plaintiff, Herman H. Oppenheimer, from an order of the Appellate Term of the Supreme Court, entered in the office of "the clerk of the county of New York on the 9th day of May, 1912, as resettled by an order entered, therein on the 1st day of July, 1912, reversing a judgment of the City Court of the city of New York in favor of the plaintiff and dismissing the complaint; also from the judgment of the City Court of the city of New York, entered in the office of the clerk' of said court on the lYth day of June, 1912, upon the order of the Appellate Term.
1Opinion of the Court
Scott, J.:
The plaintiff sued in the City Court for the sum of $2,000, due upon a promissory note. The answer, besides certain obviously sham denials, pleaded as a separate defense that prior to the matu*594rity of the note an agreement had been entered into between plaintiff and defendants whereby plaintiff agreed to release defendants from all liability on account of said note, and to cancel and surrender the same. Although it does not appear on the face of the answer, the fact was afterwards disclosed that what defendants really claimed was that in the. course of and as a result of certain real…
2Cases cited2 opinions
- New York & Brooklyn Brewing Co. v. AngeloAppellate Division of the Supreme Court of the State of New York · 1911
- Oppenheimer v. Trebla Realty Co.Appellate Terms of the Supreme Court of New York · 1912
3Cited by2 opinions
- Schreiber v. Noe, New York County Courts1930
- McConnell v. Louherm Operating Corp.City of New York Municipal Court · 1943