Farmers National Bank of Hudson v. Bryant

Appellate Division of the Supreme Court of New York

Farmers National Bank of Hudson v. Bryant

247 A.D. 832

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

DecidedMarch 15, 1936

StatusPublished

This text of 247 A.D. 832 (Farmers National Bank of Hudson v. Bryant) 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

Farmers National Bank of Hudson v. Bryant, 247 A.D. 832 (N.Y. Ct. App. 1936).

Pincite

Opinion

Appeal from order and judgment entered thereon dismissing the counterclaim, striking out the answer and granting plaintiff judgment on the pleadings. The action is on a promissory note for $1,645 which was a renewal of previous notes of smaller denominations. The defendants had executed and delivered to plaintiff a mortgage on real estate as continuing collateral security for $6,300 of indebtedness at any one time. The answer alleged as a defense and counterclaim that the plaintiff had induced defendants to sign the mortgage “ after representing that the said mortgage was to be either liquidated, sold, or returned to the defendants before any action was taken upon any notes held by the plaintiff bank, which had been made by the defendants,” which representation was false and fraudulent and that by reason thereof defendants’ credit had been injured in excess of $10,000. Order and judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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

Appeal from order and judgment entered thereon dismissing the counterclaim, striking out the answer and granting plaintiff judgment on the pleadings. The action is on a promissory note for $1,645 which was a renewal of previous notes of smaller denominations. The defendants had executed and delivered to plaintiff a mortgage on real estate as continuing collateral security for $6,300 of indebtedness at any one time. The answer alleged as a defense and counterclaim that the plaintiff had induced defendants to sign the mortgage “ after representing that the said mortgage was to be either liquidated, sold, or returned to the defendants before any action was taken upon any notes held by the plaintiff bank, which had been made by the defendants,” which representation was false and fraudulent and that by reason thereof defendants’ credit had been injured in excess of $10,000. Order and judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

247 A.D. 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-national-bank-of-hudson-v-bryant-nyappdiv-1936.