Stiebel v. Grosberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Grosberg, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on-the 26th day of November, 1909, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Scott, J.:
In this action the plaintiffs sue upon a demand note executed by defendant. The sole defense is founded upon a general release, sealed and signed by plaintiffs. A reply, interposed by direction of the court, sets up, somewhat inartiticially, that while the release was given or intrusted to defendant it was not delivered, had no legal inception or effect as a release, and was agreed to be returned to plaintiffs upon demand. The facts as developed upon the trial, and not disputed, were that defendant, after he had given his note to plaintiffs, informed them that another creditor had…
2Cases cited4 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Hamlin v. . HamlinNew York Court of Appeals · 1908
3Cited by1 opinion
- Savage Realty Co. v. LustAppellate Division of the Supreme Court of the State of New York · 1922