Froggott v. Welsh

Appellate Division of the Supreme Court of New York

Froggott v. Welsh

262 A.D. 771, 27 N.Y.S.2d 786, 1941 N.Y. App. Div. LEXIS 5802

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

DecidedMay 26, 1941

StatusPublished

This text of 262 A.D. 771 (Froggott v. Welsh) 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

Froggott v. Welsh, 262 A.D. 771, 27 N.Y.S.2d 786, 1941 N.Y. App. Div. LEXIS 5802 (N.Y. Ct. App. 1941).

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Opinion

Action on a bond to recover for unpaid principal and interest. Order, which among other things struck out the third separate defense contained in the answer, on the ground that it is insufficient in law, modified on the law and the facts by striking out the second decretal paragraph, and, as thus modified, the order, in so far as appealed from, is affirmed, with ten doEars costs and disbursements to appellants. The sufficiency of the defense depends upon a finding of whether or not the extension agreement sued upon is under seal. That question should not be decided as matter of law where it appears that there is no recital in the instrument which evidences an intention to seal. (Transbel Investment Co. v. Venetos, 279 N. Y. 207.) Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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Action on a bond to recover for unpaid principal and interest. Order, which among other things struck out the third separate defense contained in the answer, on the ground that it is insufficient in law, modified on the law and the facts by striking out the second decretal paragraph, and, as thus modified, the order, in so far as appealed from, is affirmed, with ten doEars costs and disbursements to appellants. The sufficiency of the defense depends upon a finding of whether or not the extension agreement sued upon is under seal. That question should not be decided as matter of law where it appears that there is no recital in the instrument which evidences an intention to seal. (Transbel Investment Co. v. Venetos, 279 N. Y. 207.) Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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Bluebook (online)

262 A.D. 771, 27 N.Y.S.2d 786, 1941 N.Y. App. Div. LEXIS 5802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/froggott-v-welsh-nyappdiv-1941.

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