Amsterdam v. Gold

Appellate Terms of the Supreme Court of New York

Amsterdam v. Gold

123 Misc. 300, 205 N.Y.S. 231, 1924 N.Y. Misc. LEXIS 926

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 3, 1924

StatusPublished

This text of 123 Misc. 300 (Amsterdam v. Gold) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amsterdam v. Gold, 123 Misc. 300, 205 N.Y.S. 231, 1924 N.Y. Misc. LEXIS 926 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

This action is on a promissory note. On the trial it developed that the note was lost and could not be produced.

Over the objection and exception of defendant’s counsel, the paying teller of the Nassau National Bank was permitted to testify to a statement of the contents of the note contained in a record [301]*301made, not by him, but by a notary connected with the bank. This testimony was incompetent, and should have been excluded.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Guy, Gavegan and Mitchell, JJ.

Judgment reversed and new trial ordered.

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