General Investment Co. v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Interborough Rapid Transit Company, 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 24th day of January, 1922, granting plaintiff’s motion to vacate and set aside the notice of taking the testimony of the officers and directors of the plaintiff in behalf of the defendant; and that the defendant’s answer herein be stricken out; and that judgment be directed…
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Appeal by the defendant, Interborough Rapid Transit Company, 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 24th day of January, 1922, granting plaintiff’s motion to vacate and set aside the notice of taking the testimony of the officers and directors of the plaintiff in behalf of the defendant; and that the defendant’s answer herein be stricken out; and that judgment be directed to be entered thereon by the clerk, pursuant to rule 113 of the Rules of Civil Practice, in favor of the plaintiff and…
1Opinion of the Court
Merrell, J.:
This action is brought to recover upon five promissory notes made by the defendant and alleged to be owned by the plaintiff, a foreign corporation organized under the laws of the State of Maine. The notes in suit were a part of a series of promissory notes made, issued and delivered by the defendant for value received, on September 1, 1918. • Said notes, by their terms, became due and payable on September 1, 1921, and aggregated in amount $33,400,000. The notes, by their terms, were made payable to the bearer thereof, or, if registered, to the registered holder thereof, at the…
2Cases cited13 opinions
- Dwan v. MassareneAppellate Division of the Supreme Court of the State of New York · 1922
- Madison Square Bank v. PierceNew York Court of Appeals · 1893
- Oneida County Bk. v. . BonneyNew York Court of Appeals · 1886
- Elder v. RouseNew York Supreme Court · 1836
- Wadsworth v. . LyonNew York Court of Appeals · 1883
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3Cited by41 opinions
- Quadrant Structured Products Co. v. VertinNew York Court of Appeals · 2014
- Eways v. Governor's IslandSupreme Court of North Carolina · 1990
- Crosthwaite v. Moline Plow Co.District Court, S.D. New York · 1924
- Cunningham v. Pressed Steel Car Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Kress v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
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