Legal Opinion

Smith v. Dotterweich

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1909PublishedCited by 2 opinions

Appeal by the defendant, Rudolph Dotterweich, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 10th-day of December, 1907, upon "the verdict of a jury rendered by direction of the court after a trial at the Cattaraugus Trial Term, and also from an order entered in said clerk’s office on the 5th day of December, 1907, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Robson, J.:

Plaintiff has recovered judgment for the amount of four promissory notes each for the sum of $913.75, made by defendant payable to the order of plaintiff, all of the notes being dated August 28, 1901, *490and payable six months after date with interest. These four notes were given as a renewal of a note for $3,740 made by-defendant to x plaintiff’s order, dated February 28, 1901,- and: payable six months after date. ¡Neither the original nor the renewal notes bore- interest. The aggregate amount of the renewal notes is $3,655. The difference between this amount and the principal of the…

2Cases cited2 opinions

  1. Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
  2. Van Schaick v. Van BurenNew York Supreme Court · 1893

3Cited by2 opinions

  1. Burgie v. HicksDistrict Court, N.D. New York · 1913
  2. Equitable Trust Co. v. NewmanCity of New York Municipal Court · 1910

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