Scantlebury v. Tallcott
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of New York setting aside a verdict directed in favor of the plaintiff and from a judgment dismissing the complaint.
1Opinion of the CourtSeabury, J.
The plaintiff as assignee of the Oeking Company sues for a balance of $1,500 remaining unpaid upon the following note signed by the defendant:
“ New Yoke, 7/8/13.
‘ ‘ Received from the Oeking Company Two Thousand Five Hundred 00/100 Dollars which I promise to pay July 10th, 1913, with 6% interest per annum.
CHESTER W. TALLCOTT.”
The proof shows that the Oeking Company loaned $2,500 to the defendant, who was the treasurer of the Ernst Wiener Company, which was in need of money. The loan was made by giving its check to the order of the defendant for this amount. The check was indorsed by the…
2Cases cited1 opinion
- Washington Savings Bank v. FergusonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Scantlebury v. TallcottAppellate Division of the Supreme Court of the State of New York · 1914