Public Bank v. Birnbaum
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by the Public Bank of New York City against Herman Birnbaum and others. From an order setting aside a judgment' in its favor, plaintiff appeals.
1Per curiam
The facts herein are undisputed. The plaintiff sued upon a promissory note, of which the defendant Asterer was the maker and the other defendants the indorsers. The note was dated September 9, 1908, was for $250, and payable four months after date. The plaintiff recovered a judgment, which- was entered on February 17, 1909, for the sum of $202 damages and $2 costs and $20 extra costs. Subsequently the defendants made a motion to correct the judgment. From the moving papers, it is claimed by the defendants that they had upon the trial, proved a payment to apply upon the note of the sum of $50,…
2Cases cited6 opinions
- Rumpf v. SchiffAppellate Terms of the Supreme Court of New York · 1908
- Levy v. LoewAppellate Terms of the Supreme Court of New York · 1907
- Insky v. ChatkoffAppellate Terms of the Supreme Court of New York · 1903
- R. E. Dietz Co. v. Miller, Sears & Walling Co.Appellate Terms of the Supreme Court of New York · 1904
- Rosenblatt v. VillamenaAppellate Terms of the Supreme Court of New York · 1907
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3Cited by1 opinion
- Machimowitz v. FineAppellate Terms of the Supreme Court of New York · 1909