Landis v. Goody

Appellate Division of the Supreme Court of New York

Landis v. Goody

6 A.D.2d 687, 174 N.Y.S.2d 947, 1958 N.Y. App. Div. LEXIS 5754

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

DecidedMay 27, 1958

StatusPublished

This text of 6 A.D.2d 687 (Landis v. Goody) 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

Landis v. Goody, 6 A.D.2d 687, 174 N.Y.S.2d 947, 1958 N.Y. App. Div. LEXIS 5754 (N.Y. Ct. App. 1958).

Pincite

Opinion

This is an appeal from a judgment and order granting summary judgment in an action [688]*688to recover the sum of $7,000 and interest, the face amount of a post-dated check. There are no triable issues raised save one. The movant asserts that a check dated August 16, 1956, and payable to cash was delivered and paid as consideration for the negotiable instrument in suit. It is only because it is not as clear as it should be on a motion of this kind whether the check dated August 16 furnished the consideration for the check sued upon, that we do not affirm. While the issue may prove tenuous, we cannot ignore it. The judgment and order at Special Term are reversed on the facts and the law, with costs to the appellant to abide the event, and the motion is denied, with $10 costs. Concur—Botein, P. J., Breitel, Rabin, Frank and Stevens, JJ.

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This is an appeal from a judgment and order granting summary judgment in an action [688]*688to recover the sum of $7,000 and interest, the face amount of a post-dated check. There are no triable issues raised save one. The movant asserts that a check dated August 16, 1956, and payable to cash was delivered and paid as consideration for the negotiable instrument in suit. It is only because it is not as clear as it should be on a motion of this kind whether the check dated August 16 furnished the consideration for the check sued upon, that we do not affirm. While the issue may prove tenuous, we cannot ignore it. The judgment and order at Special Term are reversed on the facts and the law, with costs to the appellant to abide the event, and the motion is denied, with $10 costs. Concur—Botein, P. J., Breitel, Rabin, Frank and Stevens, JJ.

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Bluebook (online)

6 A.D.2d 687, 174 N.Y.S.2d 947, 1958 N.Y. App. Div. LEXIS 5754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landis-v-goody-nyappdiv-1958.