EQUITABLE TRUST CO. v. STADLER

Appellate Terms of the Supreme Court of New York

EQUITABLE TRUST CO. v. STADLER

142 N.Y.S. 292

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 17, 1913

StatusPublished

This text of 142 N.Y.S. 292 (EQUITABLE TRUST CO. v. STADLER) 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. STADLER, 142 N.Y.S. 292 (N.Y. Ct. App. 1913).

Pincite

Opinion

LEHMAN, J.

The plaintiff has brought suit upon a written promise to pay. Though it does not set forth a copy of the written prom- . ise, nor does it designate it as a promissory note, it does set forth its terms, and these terms are the ordinary terms of a promissory note. If the action is upon a negotiable instrument, and this is fairly inferable from the allegations of the complaint, it was error to dismiss the complaint. Moreover, the trial justice should, in the interests of justice, have allowed an amendment at the trial.

Judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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LEHMAN, J.

The plaintiff has brought suit upon a written promise to pay. Though it does not set forth a copy of the written prom- . ise, nor does it designate it as a promissory note, it does set forth its terms, and these terms are the ordinary terms of a promissory note. If the action is upon a negotiable instrument, and this is fairly inferable from the allegations of the complaint, it was error to dismiss the complaint. Moreover, the trial justice should, in the interests of justice, have allowed an amendment at the trial.

Judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

142 N.Y.S. 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-trust-co-v-stadler-nyappterm-1913.