Commercial Credit Corp. v. Greiner

Appellate Division of the Supreme Court of New York

Commercial Credit Corp. v. Greiner

240 A.D. 749

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

DecidedJune 15, 1933

StatusPublished

This text of 240 A.D. 749 (Commercial Credit Corp. v. Greiner) 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

Commercial Credit Corp. v. Greiner, 240 A.D. 749 (N.Y. Ct. App. 1933).

Pincite

Opinion

Per Curiam.

The undisputed evidence shows a voluntary manual transfer of the possession of the note, although in an uncompleted form. This delivery was conditional upon certain circumstances which did not transpire. If they had transpired the condition would have been performed and the delivery completed. From the time that the note was manually delivered there was, in our opinion, a delivery as that word is defined in section 2 of the Negotiable Instruments Law, which delivery was, however, conditional. Sections 33 and 35 of the Negotiable Instruments Law are, therefore, applicable and the plaintiff’s cause of action was made out. All concur, except Taylor and Thompson, JJ., who dissent and vote for affirmance on the ground that the trier of the facts correctly found that the plaintiff did not sustain the burden incumbent upon it of showing that this was not an uncompleted instrument that had not been delivered. (Neg. Inst. Law, § 34.) Judgment reversed on the law, with costs, and plaintiff’s motion for a directed verdict for the amount demanded in the complaint granted, with costs.

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Per Curiam.

The undisputed evidence shows a voluntary manual transfer of the possession of the note, although in an uncompleted form. This delivery was conditional upon certain circumstances which did not transpire. If they had transpired the condition would have been performed and the delivery completed. From the time that the note was manually delivered there was, in our opinion, a delivery as that word is defined in section 2 of the Negotiable Instruments Law, which delivery was, however, conditional. Sections 33 and 35 of the Negotiable Instruments Law are, therefore, applicable and the plaintiff’s cause of action was made out. All concur, except Taylor and Thompson, JJ., who dissent and vote for affirmance on the ground that the trier of the facts correctly found that the plaintiff did not sustain the burden incumbent upon it of showing that this was not an uncompleted instrument that had not been delivered. (Neg. Inst. Law, § 34.) Judgment reversed on the law, with costs, and plaintiff’s motion for a directed verdict for the amount demanded in the complaint granted, with costs.

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Bluebook (online)

240 A.D. 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-credit-corp-v-greiner-nyappdiv-1933.