Kinsella v. Lockwood

Appellate Terms of the Supreme Court of New York

Kinsella v. Lockwood

140 N.Y.S. 513, 79 Misc. 619

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 7, 1913

StatusPublished

This text of 140 N.Y.S. 513 (Kinsella v. Lockwood) 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

Kinsella v. Lockwood, 140 N.Y.S. 513, 79 Misc. 619 (N.Y. Ct. App. 1913).

Pincite

Opinion

BIJUR, J.

[1] The complaint pleads a note drawn payable to the payee, but not to order or to bearer. Under section 20 of the Negotiable Instruments Law (Consol. Laws 1909, c. 38), a note in that form is not negotiable. Fulton v. Varney, 117 App. Div. 572, 575, 102 N. Y. Supp. 608.

[2] It therefore does not import consideration. Deyo v. Thompson, 53 App. Div. 10, 65 N. Y. Supp. 459.

[3] While the complaint alleges that it had been given “for a valuable consideration,” such an allegation is merely a statement of a legal conclusion, and not of a fact. Browning, King & Co. v. Terwilliger, 144 App. Div. 516, 519, 129 N. Y. Supp. 431.

Judgment reversed, and demurrer sustained, with leave, however, to plaintiff to'plead over within six-days, on payment of costs of the. action to date, and with costs of this appeal to appellant. All concur.

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