Gold v. Ross — 234 N.Y. 621

Majority

p. 621

Louis Gold, Appellant, v. Louis Ross, Respondent.

Headnote

Bills, notes and checks — loan — action on promissory notes and for money loaned — release. „

Gold v. Ross, 195 App. Div. 721 , affirmed.

(Argued November 28, 1922;

decided December 12, 1922.)

Appeal from a judgment, entered March 17,1921, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The complaint alleged two

p. 622

causes of action. The first on a promissory note for $1,773.10 alleged to have been made by the defendant on December 3, 1918, payable on demand, and the second for $100 alleged to have been loaned by plaintiff to defendant on May 1, 1919. The answer admitted the making of the note but denied the allegations in the complaint of the plaintiff’s lawful ownership of the note, of the demand of payment alleged and any indebtedness thereon, and denied the alleged loan. The answer then alleged as a further defense to the note a release of that claim by the plaintiff and of all claims plaintiff ever had against the defendant out of any business transaction.

Herman S. Bachrach and Clarence G. Bachrach for appellant.

Henry Greenberg for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.