Kinsella v. Lockwood
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment in favor of plaintiff overruling defendant’s demurrer to the complaint, interposed on the ground that the complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the CourtBijur, J.
The complaint pleads a note drawn payable to the payee, but not to order or to bearer. Under section 20 of the Negotiable Instruments Law a note in that form is not negotiable. Fulton v. Varney, 117 App. Div. 572, 575. It therefore does not import consideration. Deyo v. Thompson, 53 App. Div. 10. While the complaint alleges that it had been given “ for a valuable consideration,” such an allegation is merely a statement of a legal conclusion and not of a fact. Browning, King & Co. v. Terwilliger, 144 App. Div. 516, 519.
Judgment reversed and demurrer sustained, with leave, however, to plaintiff…
2Cases cited2 opinions
- Fulton v. VarneyAppellate Division of the Supreme Court of the State of New York · 1907
- Browning, King & Co. v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Owens v. BlackburnAppellate Division of the Supreme Court of the State of New York · 1914
- Neukirch v. McHughAppellate Division of the Supreme Court of the State of New York · 1914
- Spear v. Associated Producing & Refining Corp.New York Supreme Court · 1923