Frankenstein v. Levini

Frankenstein v. Levini, 65 N.Y.S. 562 (1900)

Court: Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided: June 28, 1900
Judges: Ouriam
Citations: 65 N.Y.S. 562
Disposition: Affirmed.

Cited by 1

Headnotes

1. Action on Note—Parties. In an action on a note, the plaintiff cannot recover where the note Is not payable to him, has not been indorsed, and there is no evidence to show that he is the owner thereof. 2. Same—Condition oe Payment. Where it appears in an action on a note that it was not to be paid till certain claims were paid,.and that they have not been paid, a recovery cannot be had thereon.

Summary

Appeal from municipal court of city of Hew York. Action on a note by Jacob Frankenstein against David Levini. From a judgment in favor of defendant, plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ouriam

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PER OURIAM.

There is nothing in the. case to show that the note in suit is the property of the plaintiff.. The note is made payable to the order of one M. Simiansky, and has never been indorsed. Moreover, the case shows that the note was not to be paid until certain claims were paid, and that these claims have not been paid. Judgment affirmed," with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 1 case

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State Highest Courts1

Relies on it most ⓘ

Capitol Hill State Bank v. Rawlins National Bank160 P. 1171 (Wyo. 1916)

Most recent

Capitol Hill State Bank v. Rawlins National Bank160 P. 1171 (Wyo. 1916)

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