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Mutual Loan Ass'n v. Lesser

80 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1903-03-20 English

Delivered by LAUGHLIN, J.

Contents

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p. 1143
MUTUAL LOAN ASS’N v. LESSER et al.
(Supreme Court, Appellate Division, First Department.
March 20, 1903.)

Headnote

Action by the Mutual Loan Association against Joseph S. Lesser and another. From an order allowing defendant Joseph S. Lesser to serve an amended answer, plaintiff appeals. Reversed. See 78 N. Y. Supp. 629 . Franklin Pierce, for appellant. Herbert R. Limburger, for respondent.

The only material difference between the facts in this case and in Mutual Loan Association v. Lesser (decided herewith), 80 N. Y. Supp. 1112 , is that this is an action on a note for $1,000, payable in four months. The order should be reversed, on the opinion in that case, with $10 costs and disbursements, and motion denied, with $10 costs, but with leave to renew. All concur.