Berler v. Grossman

Appellate Terms of the Supreme Court of New York

Berler v. Grossman

188 Misc. 201, 67 N.Y.S.2d 520, 1947 N.Y. Misc. LEXIS 1984

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 2, 1947

StatusPublished

Cited by1 cases

This text of 188 Misc. 201 (Berler v. Grossman) 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

Berler v. Grossman, 188 Misc. 201, 67 N.Y.S.2d 520, 1947 N.Y. Misc. LEXIS 1984 (N.Y. Ct. App. 1947).

Pincite

Opinion

Memorandum

Per Curiam.

Although there was no affirmative defense of lack or failure of consideration for the negotiable [202]*202instrument in the hands of one not a holder in due course and for value, the court, in the interests of justice, should have permitted the defendant to offer proof that the consideration for which the instrument had been given had failed.

The judgment should be reversed and a new trial ordered, with $20 costs to appellant to abide the event.

Hammeb, Shientag and Edeb, JJ., concur.

Judgment reversed, etc.

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