Hauben v. Waxman

Appellate Division of the Supreme Court of New York

Hauben v. Waxman

281 A.D. 1031, 121 N.Y.S.2d 7, 1953 N.Y. App. Div. LEXIS 4227

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

DecidedMay 4, 1953

StatusPublished

Cited by3 cases

This text of 281 A.D. 1031 (Hauben v. Waxman) 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

Hauben v. Waxman, 281 A.D. 1031, 121 N.Y.S.2d 7, 1953 N.Y. App. Div. LEXIS 4227 (N.Y. Ct. App. 1953).

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Opinion

Plaintiff sues to recover on a check given to him as an escrow agent in connection with an assignment of a real estate contract to a corporation not a party to this action. The assignee having been newly incorporated had not yet opened a bank account, and defendant, its president, issued his personal cheek as part of the consideration for the assignment and afterwards stopped payment on the check. Defendant appeals from an order granting plaintiff’s motion for summary judgment and from the judgment entered thereon. Order and judgment reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All instruments including the check were passed simultaneously and thus constituted a single transaction. (Benedict v. Cowden, 49 N. Y. 396; Manufac[1032]*1032turers Trust Co. v. Steinhardt, 265 N. Y. 145.) Defendant’s answer and the affidavits submitted in opposition to the motion raise issues of fact which require trial. Nolan, P. J., Carswell, Wenzel, Schmidt and Beldock, JJ., concur.

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Plaintiff sues to recover on a check given to him as an escrow agent in connection with an assignment of a real estate contract to a corporation not a party to this action. The assignee having been newly incorporated had not yet opened a bank account, and defendant, its president, issued his personal cheek as part of the consideration for the assignment and afterwards stopped payment on the check. Defendant appeals from an order granting plaintiff’s motion for summary judgment and from the judgment entered thereon. Order and judgment reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All instruments including the check were passed simultaneously and thus constituted a single transaction. (Benedict v. Cowden, 49 N. Y. 396; Manufac[1032]*1032turers Trust Co. v. Steinhardt, 265 N. Y. 145.) Defendant’s answer and the affidavits submitted in opposition to the motion raise issues of fact which require trial. Nolan, P. J., Carswell, Wenzel, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

281 A.D. 1031, 121 N.Y.S.2d 7, 1953 N.Y. App. Div. LEXIS 4227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hauben-v-waxman-nyappdiv-1953.

Opinion

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