Legal Opinion
Equitable Trust Co. v. Halpert
Appellate Terms of the Supreme Court of New York
Decided January 5, 1912PublishedCited by 2 opinions
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Equitable Trust Company of New York against Louis Halpert. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtLehman, J.
[1] The plaintiff has brought suit upon a written instrument calling for the payment of money. The answer sets up that the defendant—
“was induced to and did sign a paper, which defendant believes to be the paper sued on herein, upon condition and upon the distinct understanding and agreement that this instrument would only be enforceable provided the plaintiff would issue a life insurance policy to the defendant, which policy was to be entirely satisfactory to the defendant, and, if said policy was not satisfactory to the defendant, defendant was not obliged to accept the same, and said…
2Cases cited2 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Smith v. . DotterweichNew York Court of Appeals · 1911
3Cited by2 opinions
- Vincent v. RussellOregon Supreme Court · 1921
- Rosenthal v. United Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1921