Equitable Trust Co. v. Singer

Appellate Terms of the Supreme Court of New York

Equitable Trust Co. v. Singer

132 N.Y.S. 1127

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1911

StatusPublished

This text of 132 N.Y.S. 1127 (Equitable Trust Co. v. Singer) 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

Equitable Trust Co. v. Singer, 132 N.Y.S. 1127 (N.Y. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

The answer in this case sets up a general denial, the statute of limitations, and payment. The statute of limitations applies to but part of the claim, and not to the remainder, and this was conceded upon the trial. A careful examination of the testimony leads us to the conclusion that the defense of payment was not established, nor was there any testimony given under the general denial that would tend to defeat the plaintiff’s claim. The judgment must therefore be reversed. Judgment reversed and a new trial ordered with costs to appellant to abide the event.

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PER CURIAM.

The answer in this case sets up a general denial, the statute of limitations, and payment. The statute of limitations applies to but part of the claim, and not to the remainder, and this was conceded upon the trial. A careful examination of the testimony leads us to the conclusion that the defense of payment was not established, nor was there any testimony given under the general denial that would tend to defeat the plaintiff’s claim. The judgment must therefore be reversed. Judgment reversed and a new trial ordered with costs to appellant to abide the event.

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Bluebook (online)

132 N.Y.S. 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-trust-co-v-singer-nyappterm-1911.