Angel v. Chase National Bank

Appellate Division of the Supreme Court of New York

Angel v. Chase National Bank

248 A.D. 830, 290 N.Y.S. 1, 1936 N.Y. App. Div. LEXIS 7524

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 28, 1936

StatusPublished

This text of 248 A.D. 830 (Angel v. Chase National Bank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Angel v. Chase National Bank, 248 A.D. 830, 290 N.Y.S. 1, 1936 N.Y. App. Div. LEXIS 7524 (N.Y. Ct. App. 1936).

Pincite

Opinion

Judgment in favor of defendant entered upon the direction of a verdict dismissing the complaint on the merits reversed on the law and a new trial granted, with costs to appellant to abide the event. There was a question of fact which should have been submitted to the jury: Was the assignment of the three life insurance policies to defendant made for the purpose of securing the payment to defendant of the personal loan made by defendant to plaintiff’s husband, [831]*831or was it for the purpose of securing the payment of that note as well as any other obligations of the husband to the bank which might accrue under the guaranty given to defendant by him? Lazansky, P. J., Young, Hagarty and Carswell, JJ., concur; Taylor, J., dissents and votes to affirm upon the ground that the collateral note of George Angel, dated July 30, 1934, which is unambiguous, as a matter of law, measures the maker’s obligation to the defendant and that all prior and contemporaneous oral and other negotiations between the parties, relating to the deposit of the life insurance policies as collateral, are merged therein.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment in favor of defendant entered upon the direction of a verdict dismissing the complaint on the merits reversed on the law and a new trial granted, with costs to appellant to abide the event. There was a question of fact which should have been submitted to the jury: Was the assignment of the three life insurance policies to defendant made for the purpose of securing the payment to defendant of the personal loan made by defendant to plaintiff’s husband, [831]*831or was it for the purpose of securing the payment of that note as well as any other obligations of the husband to the bank which might accrue under the guaranty given to defendant by him? Lazansky, P. J., Young, Hagarty and Carswell, JJ., concur; Taylor, J., dissents and votes to affirm upon the ground that the collateral note of George Angel, dated July 30, 1934, which is unambiguous, as a matter of law, measures the maker’s obligation to the defendant and that all prior and contemporaneous oral and other negotiations between the parties, relating to the deposit of the life insurance policies as collateral, are merged therein.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D. 830, 290 N.Y.S. 1, 1936 N.Y. App. Div. LEXIS 7524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angel-v-chase-national-bank-nyappdiv-1936.