Feinberg v. Mullin
Hannah Feinberg v. Joseph Mullin
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Appeal from order and summary judgment in an action on a promissory note. Plaintiff is the payee in the note. She says that the note was given her to pay an account which defendant originally owed to her husband, which has been assigned to her. The defendant’s affidavit filed in opposition to the motion for summary judgment *671 disputes the items of the account and pleads lack of consideration for the note. As between the original parties to the note, such a defense is proper. (Neg. Inst. Law, § 54; Strong v. Sheffield, 144 N. Y. 392, 394 ; Miller v. Campbell, 173 App. Div. 821 ; Ulster Finance Corporation v. Schroeder, 230 id. 146.) Judgment and order reversed on the law and facts, with costs, and new trial granted. Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ., concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.