Peterson v. Fowler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anton Peterson, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 15th day of July, 1913, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
This action is brought to procure the cancellation of a promissory note made by the appellant and held by the respondent. The latter, in his answer, set up a general denial of the material allegations of the complaint, and also, as a counterclaim, asked judgment against the plaintiff for the amount of the note. After trial at Special Term the court granted judgment on the counterclaim and dismissed the complaint upon the merits. The plaintiff appeals.
There is little dispute of fact between the parties as to the origin and subsequent use of the note. It was for $2,167.50, made…
2Cases cited3 opinions
- Southworth v. . MorganNew York Court of Appeals · 1912
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Mitchell v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Gourley v. Pioneer Loan Co.Supreme Court of Oklahoma · 1915
- Singer v. Union Table & Spring Co.City of New York Municipal Court · 1934
- United States Fidelity & Guaranty Co. v. LeonCity of New York Municipal Court · 1937
- Peterson v. AltonAppellate Division of the Supreme Court of the State of New York · 1916