Levin v. Noble

Appellate Division of the Supreme Court of New York

Levin v. Noble

269 A.D. 808, 55 N.Y.S.2d 443, 1945 N.Y. App. Div. LEXIS 3945

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

DecidedMay 9, 1945

StatusPublished

Cited by3 cases

This text of 269 A.D. 808 (Levin v. Noble) 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

Levin v. Noble, 269 A.D. 808, 55 N.Y.S.2d 443, 1945 N.Y. App. Div. LEXIS 3945 (N.Y. Ct. App. 1945).

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Opinion

Order modified on the law by striking therefrom the second ordering paragraph and as modified affirmed, without costs of this appeal to either party. Memorandum: We do not regard defendant’s offer to his creditors of a composition based upon a 12%% cash payment of the indebtedness as sufficient to toll the statute as provided in section 59 of the Civil Practice Act. (Connecticut Trust & S. D. Co. v. Wead, 172 N. Y. 497; Downey v. Palmer, 114 F. 2d 116; Williston on Contracts [Rev. ed.], § 181; 1 Wood on Limitations, § 78, p. 418.) We think that plaintiff under proper pleading may be entitled to recover the amount of the compromise. All concur. (The order denies plaintiff’s motion for summary judgment and grants defendant’s motion to dismiss the complaint in an action to recover the amount alleged to be due on two promissory notes.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ.

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Order modified on the law by striking therefrom the second ordering paragraph and as modified affirmed, without costs of this appeal to either party. Memorandum: We do not regard defendant’s offer to his creditors of a composition based upon a 12%% cash payment of the indebtedness as sufficient to toll the statute as provided in section 59 of the Civil Practice Act. (Connecticut Trust & S. D. Co. v. Wead, 172 N. Y. 497; Downey v. Palmer, 114 F. 2d 116; Williston on Contracts [Rev. ed.], § 181; 1 Wood on Limitations, § 78, p. 418.) We think that plaintiff under proper pleading may be entitled to recover the amount of the compromise. All concur. (The order denies plaintiff’s motion for summary judgment and grants defendant’s motion to dismiss the complaint in an action to recover the amount alleged to be due on two promissory notes.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ.

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Bluebook (online)

269 A.D. 808, 55 N.Y.S.2d 443, 1945 N.Y. App. Div. LEXIS 3945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levin-v-noble-nyappdiv-1945.

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