Ebling Brewing Co. v. Feldman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by the Ebling Brewing Company against Isaac Eeldman. From a judgment for defendant, and from-an order denying plaintiff’s motion for a new trial, it appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
The complaint rests the plaintiff’s cause of action upon a promissory note signed by the defendant. The note was admitted. Attached to the note was a receipt, signed by the defendant, atknowledging the receipt of a “cellar icehouse and beer apparatus complete,” and providing that such icehouse and apparatus “shall bé a collateral security for the payment of above note, and that it cannot be sold, except with the consent of said the Ebling Brewing Company, until the above note is paid.”
The defendant attempted to prove that the plaintiff was to use the note only in the event that the defendant…
2Cases cited1 opinion
- Gilroy v. Everson-Hickok Co.Appellate Division of the Supreme Court of the State of New York · 1907