Metropolitan Bank v. Brennan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSimons, J.
Plaintiff appeals from orders which denied its motion for summary judgment on a promissory note. The individual defendants, respondents on this appeal, signed the note as comakers. Special Term held that they could offer parol evidence to prove that the instrument never became effective because its delivery was conditional and the condition was not satisfied.
In June, 1970 the sellers of Brennan, Engel & O’Connor Insurance Agency sold that business to Phillip G. Kelley Corporation. The buyer assumed liability on the sellers’ promissory note to plaintiff bank but it was agreed that the note…
2Cases cited14 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Smith v. . DotterweichNew York Court of Appeals · 1911
- Hicks v. BushNew York Court of Appeals · 1962
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
- Bohlen Industries of North America, Inc. v. Flint Oil & Gas, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Zugarek v. WalckAppellate Division of the Supreme Court of the State of New York · 1976
- Benderson Development Co. v. Hallaway Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- National Bank v. ESI Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
7 more not listed; retrieve them via the Exa API.