Warnock Uniform Co. v. Garifalos
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morris Silver and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of June, 1915, upon the decision of the court after a trial at the New York Special Term. Defendant Silver also appeals, as stated in his notice of appeal, from the decision upon which the judgment was entered.
1Opinion of the Court
McLaughlin, J.:
Action in equity to perpetually enjoin the defendants from negotiating certain promissory notes of the plaintiff, or prosecuting actions to recover thereon and to cancel such notes on the ground of fraud.
In March, 1914, one Garifalos obtained from the plaintiff fifteen promissory notes, aggregating $6,000, on the representation that he had a line of credit at the Public Bank and the Second National Bank in the city of New York, where he could have the same discounted. It was agreed between plaintiff and Garifalos that when the notes were discounted he would pay over to the…
2Cases cited4 opinions
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Fuller v. PercivalMassachusetts Supreme Judicial Court · 1879
- Town of Springport v. . Teutonia Savings BankNew York Court of Appeals · 1878
- De Kalb Holding Co. v. Madison Theatre Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by1 opinion
- Hoberg v. SofranscyAppellate Division of the Supreme Court of the State of New York · 1926