Legal Opinion

Myers v. Stein

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

Decided January 10, 1913PublishedCited by 3 opinions

Appeal by the plaintiff, Emanuel J. Myers, as trustee, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of June, 1912, denying the plaintiff’s motion for judgment on the pleadings.

1Opinion of the Court

Dowling, J.:

The complaint herein sets forth that on October 17, 1911, at the city of New York, the defendant Wishart, for value received, made his certain promissory note in writing, whereby he promised to pay to Alexander Stein on the 17th day of April, 1912, the sum of $20,000, with interest, and that simultaneously therewith, for a valuable consideration, he executed, acknowledged and delivered to: plaintiff an instrument in writing whereby said Wishart undertook to secure the payment of certain obligations and therein and thereby plaintiff was appointed trustee for the benefit of the…

2Cases cited3 opinions

  1. Thomas v. . ScuttNew York Court of Appeals · 1891
  2. Riesgo v. Glengariffe Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906
  3. McKeige v. CarrollAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by3 opinions

  1. Pullen v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1914
  2. La Voie v. CelliNew York Supreme Court · 1969
  3. Nagle v. HeroldDistrict Court, W.D. New York · 1939

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